Koshy, J.

Can the Motor Accidents Claims Tribunal and the High Court calculate compensation in a different method than that is provided under the second schedule, when claims are filed under Section 163(A) of the Motor Vehicles Act, 1988 (in short ‘the Act’). Facts of the case are not disputed.

2. A youngster at the age of 28 died in a motor vehicle accident on 27.5.1997 when a tempo van having Reg.No.KL-10/B 1017 driven by the second respondent hit the motor cycle ridden by the deceased. The parents, brothers and sisters filed a claim for compensation under Section 163(A) of the Act against the owner, driver and the insurer of the tempo van alleging negligence on the part of the driver of the tempo van. The above was numbered as O.P.(MV)No.544/97 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The owner and the driver (first and second respondents) did not appear before the Tribunal and they were declared ex parte. The Insurance Company obtained permission under Section 170 of the Act and contested the case questioning the quantum of compensation claimed. No oral evidence was adduced in the claim. Exhibits A1 to A10 documents were marked by the claimant