IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 2^ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 MACA NO. 2656 OF 2016 OPMV 614/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,PUNALUR APPELLANT/S:

1 RAJANI @ SARASWATHY AMMA,AGED 30 YEARS AGED 30 YEARS, W/O LATE ANIL ACHARY, ANIL BHAVANAM, UZHALOTTU MELATHIL, THRIKKANNAMANGAL P.O, KOTTARAKKARA VILLAGE, KOTTARAKARA TALUK, (WIFE OF THE DECEASED ANIL ACHARY).

2 ATHIRA,AGED 8 YEARS,AGED 8 YEARS, S/O LATE ANIL ACHARY, ANIL BHAVANAM, UZHALOTTU MELATHIL, THRIKKANNAMANGAL P.O, KOTTARAKKARA VILLAGE, KOTTARAKARA TALUK, REPRESENTED BY HER MOTHER 1ST APPELLANT RAJANI @ SARASWATHY AMMA, ANIL BHAVANAM, UZHALOTTU MELATHIL, THRIKKANNAMANGAL P.O, KOTTARAKKARA VILLAGE, KOTTARAKARA TALUK, 3 JAGATHAMMAL,AGED 60 YEARS AGED 60 YEARS, M/O LATE ANIL ACHARY, ANIL BHAVANAM, UZHALOTTU MELATHIL, THRIKKANNAMANGAL P.O, KOTTARAKKARA VILLAGE, KOTTARAKARA TALUK.

BY ADVS.SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY SRI.JITHIN SAJI ISAAC RESPONDENT/S:

1 RENJU.G.,S/O K.K. GOPALAKRISHNAN NAIR, KEELATHU HOUSE, THAZHAM P.O, MALAYALAPPUZHA, PATHANAMTHITTA.

2 SHIJU V THOMAS,S/O V.T. THOMAS, VAZHAKKUNATHU, UTHIMOODU, RANNI, PATHANAMTHITTA.

3 FUTURE INDIA GENERAL INSURANCE CO. LTD BRANCH OFFICE, VTH FLOOR, FELICITY SQUARE, STATUTE JUNCTION, M.C ROAD, THIRUVANANTHAPURAM.

BY ADV SMT.K.J.LIMMY OTHER PRESENT:

ADV LINTO FRANCIS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

(Dated this the 2^nd day of March 2022)

Aggrieved by the quantum of award in OP(MV)

No.614 of 2012, on the files of the MACT, Punalur the petitioners, who are the wife, daughter and mother of the deceased, filed this appeal.

2. The facts in brief are as follows: On 19.5.2012 while the deceased Anil Achary was walking along the Kottarakkara- Oyoor public road, a car bearing Reg.No.KL-03V/4025, hit down and as a result of which he sustained serious injuries. He was taken to the Taluk Hospital, Kottarakkara and from there he was referred to Medical College Hospital, Thiruvananthapuram. While he was undergoing treatment there, he died on 27.5.2012.

3. The petitioners claimed Rs.15,00,000/- as compensation against the death of Anil Achari. The Tribunal awarded an amount of Rs.11,72,150/- as compensation.

4. The Tribunal took the notional income of the deceased Rs.4,500/- per month. Since he was aged 34 years, for future prospects 50% was added and awarded a compensation of Rs.8,64,000/- under the head of loss of dependency.

5. As per the decision reported in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [2011 (13) SCC 236], the notional income to be taken in an accident happened in the year 2012 is Rs.8,500/- per month. Going by the decision reported in National Insurance Company Ltd., v. Pranay Sethi [2017 (16) SCC 680], since the deceased was aged below 40 and self-employed, an addition of 40% of the income should be taken as future prospects. Taking the notional income of the deceased as Rs.8,500/- and adding 40% of the same, the income of the appellant would be Rs.11,900/- (8,500 + 3,400). Since the deceased was aged 34 years, the multiplier applicable as per the decision reported in Sarla Verma v. Delhi Transport Corporation & Another (2010 (2) KLT 802), is 16. Since he was the head of family consisting of four persons, one-third of the income can be deducted for his personal use. So, the loss of dependency of the deceased can be worked out as Rs.11,900 x 12 x 16 x 2/3 = 15,23,200/-, less Rs.8,64,000/- already awarded by the Tribunal. Thus, the balance would be 6,59,200/-.

6. For loss of estate, the Tribunal has granted Rs.10,000/-. Going by the decision reported in Pranay Sethi (supra), the loss of estate awarded by the Tribunal can be revised as Rs.15,000/-.

Accordingly, the following enhancements are made to the award made by the Tribunal: