IMPORTANT POINT
The notional income of a non-earning spouse arrived at, in a claim petition filed under Section 163A of the Motor Vehicles Act, claiming compensation in the case of fatal or non-fatal accidents, by drawing presumption under sub-clause (b) of Clause 6 of the Second Schedule to the said Act, shall not exceed Rs. 40,000/- per annum, the notional income of the deceased is taken as Rs. 40,000/- per annum, for the purpose of re-fixing the compensation under the head loss of dependency, payable to appellants 1 to 3/claimants 1 to 3, who are the children of the deceased.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. Appellants 1 to 3 are the claimants in O.P. (MV) No. 2976 of 2001 on the file of the Motor Accidents Claims Tribunal, Ernakulam, a claim petition filed under Section 163A of the Motor Vehicles Act, 1988, claiming compensation on account of the death of their mother Santa Jose, in a motor accident which occurred on 04.08.2001, while she was travelling in a maruti car bearing registration No. KL-7/8827. At the place of accident, the maruti car was hit by a mini lorry bearing registration No. HR-38/B-493, owned by the 1st respondent, insured with the 2nd respondent and driven by one Nasseer Muhammed @ Nasseer, causing fatal injuries to all the occupants in the car, resulting in their instantaneous death. The maruti car was driven by one Saji Jose, brother of appellants 1 to 3/claimants 1 to 3. Saji Jose and his wife, Nice Mary Ann Joy died in the very same accident. Alleging that Santa Jose died on account of the injuries sustained in a motor accident involving mini lorry bearing registration No. HR-38/B-493, claim petition was filed before the Tribunal claiming a total compensation of Rs. 2,50,000/- under various heads. The parents of Nice Mary Ann Joy, appellants 4 and 5 were impleaded as additional claimants 4 and 5 before the Tribunal.

2. Before the Tribunal, the 1st respondent owner filed written statement denying negligence alleged against the driver of the mini lorry. The 1st respondent contended that the accident occurred due to rash and negligent driving of maruti car by its driver.

3. The 2nd respondent insurer filed written statement admitting insurance coverage of the mini lorry involved in the accident; however, denying negligence alleged against its driver. The insurer contended that the accident occurred due to the rash and negligent driving of maruti car by its driver. The insurer disputed the age, occupation, monthly income, etc. stated in the claim petition and it was contended that the compensation claimed is highly excessive.

4. Before the Tribunal, the claim petition was tried along with connected matters. On the side of the claimants, Exts.A1 to A20A were marked. The respondents have not chosen to adduce any oral or documentary evidence.

5. After considering the pleadings and materials on record, the Tribunal arrived at a conclusion that the deceased died on account of the injuries sustained in a motor accident involving mini lorry bearing registration No. HR-38/B-493 and as such, appellants 1 to 3/claimants 1 to 3, who are the children of the deceased, are entitled for compensation under Section 163A of the Motor Vehicles Act. Under various heads, he Tribunal awarded a total compensation of Rs. 1,05,100/- together with interest at the rate of 7% per annum from the date of petition till the date of award and thereafter, at the rate of 8% per annum till realisation, with proportionate cost, and the 2nd respondent insurer was directed to satisfy the award. The amount of compensation was ordered to be apportioned among appellants 1 to 3/claimants 1 to 3, equally.

6. Dissatisfied with the quantum of compensation awarded by the Tribunal under various heads, the appellants/claimants are before this Court in this appeal.

7. Heard the learned counsel for the appellants/claimants and also the learned Standing Counsel for the 2nd respondent insurer.

8. The compensation awarded by the Tribunal under various heads reads thus:-

9. The claim petition is one filed under Section 163A of the Motor Vehicles Act. The accident occurred on 04.08.2001. At the time of accident, the deceased was a housewife aged 52 years. In the claim petition, the