JUDGMENT

This is a claim petition submitted by the appellants under Section 163A of the Motor Vehicles Act, seeking compensation for the death of one Alex J, due to the injuries sustained in a motor accident that occurred on 11.02.2010. The appellants are the parents, brothers and sisters of the deceased, who was aged 26 years at the time of the accident and was a student of Engineering at St. Joseph College, Pala. According to the appellants, he was also working as a seaman with a monthly income of Rs.3,330/- with allowances. The claim petition was submitted in such circumstances.

2. The first and the second respondents, the owner and the driver of the vehicle, filed a written statement disputing the negligence on their part. The third respondent, the insurer of the vehicle, filed a written statement, admitting the coverage of policy but disputing the liability on various grounds. The quantum of compensation was also disputed by them. The Tribunal awarded an amount of Rs.2,08,500/- as compensation and being the insurer, the third respondent was held liable to pay the compensation with interest at the rate of 8.5% per annum from the date of petition till realisation. This appeal is submitted by the appellant in such circumstances seeking enhancement of compensation.

3. Heard, Sri.T.K Radakrishnan, the learned counsel appearing for the appellants and Sri.John Joseph Vettikad, the learned counsel appearing for the third respondent.

4. Since this is a claim petition submitted under Section

163A of the Motor Vehicles Act, the compensation has to be calculated strictly on the basis of the second schedule of the Motor Vehicles Act, which stood at the time of the accident. The annual income claimed in this case was Rs.40,000/- and considering the fact that the accident in this case occurred in the year 2010, I am of the view that the same is not unreasonable. It is to be noted in this regard that in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236], the Honourable Supreme Court was pleased to take the monthly income of an ordinary employee as Rs.4,500/-in respect of an accident occurred in the year 2004. Since the annual income is fixed as Rs.40,000/-, and the age of the deceased was 26 years, the compensation has to be worked out on the basis of the figures shown in the second schedule of the Motor Vehicles Act. With respect to a person aged between 25-30 years with an annual income of Rs.40,000/- the amount shown in the second schedule of the Act is Rs.6,80,000/-. One third of the said amount has to be deducted and hence the compensation receivable by the appellants toward loss of dependency would come to Rs.4,53,333/-. The amount already awarded by the Tribunal under this head was Rs.2,04,000/-. Thus the additional compensation would come to Rs.2,49,333/-.The amount awarded by the Tribunal in other heads is in tune with the second schedule of the Motor Vehicles Act, 1988, and therefore, no modification is required.

In the result, this appeal is allowed. The award dated

23.08.2013, passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(M.V) No.1722/2011 is hereby modified by granting an additional compensation of Rs.2,49,333/- (Rupees two lakhs forty nine thousand, three hundred and thirty three only) and the said amount shall be deposited by the third respondent with interest as ordered by the Tribunal with and proportionate cost within a period of three months from the date of receipt of a copy of this judgment.