KRISHNA BAHADUR RAI Vs. K.G.JAYARAJAN

JUDGEMENT

(1.) The petitioners are the legal representatives of deceased Abin Rai who died in a motor accident on 15.6.2009. The claim for compensation preferred before the Motor Accident Claims Tribunal, Pala, was allowed by judgment dated 14.1.2013 granting a compensation of Rs.2,22,300/- with 7.5% interest per annum from the date of petition i.e., 21.6.2010 till the date of deposit along with proportionate cost. The appellants have approached this Court contending that the Tribunal has gone wrong in calculating the compensation payable.

(2.) Heard Sri.S.Ananthakrishnan on behalf of the appellants and Smt. Asha Chacko on behalf of the respondents.

(3.) The contention of the counsel for the appellants is that, while considering a claim under Section 163A of the Motor Vehicles Act, 1988, the Tribunal had to follow the Second Schedule in the Act whereby the compensation payable is fixed. Admittedly, the deceased was aged 26 years at the time of the accident. The Tribunal held that the notional income is fixed at Rs.3,300/- per month and that since the deceased was a bachelor, 50% has to be reduced towards amounts expended for personal and living expenses of the deceased. Applying the multiplier '11' on the basis of the age of the parents, the Tribunal arrived at a compensation of Rs.2,17,800/- towards 'the loss of dependency'.