ANTU Vs. NASEEMA

JUDGEMENT

(1.) The claimants have filed this appeal seeking enhanced compensation. The claimants are the dependents of one Christo, who died in an accident which took place on 4/11/2007. The deceased was 21 years and the claim was put forward under Sec. 163A of the Motor Vehicles Act. The Tribunal awarded a sum of Rs.2,99,900.00 as compensation. Aggrieved by the award, the claimants have filed this appeal.

(2.) Heard Sri A.R.Nimod, learned counsel for the appellants and Smt.K.S.Santhi, learned counsel for the 3rd respondent Insurer.

(3.) The short ground which has been raised by the counsel for the appellants is that the Tribunal went wrong in applying the principles for award of compensation under Sec. 163A. The contention raised by the appellants are justified. The Tribunal has adopted the multiplier method after fixing a notional income of Rs.3,300.00 and the multiplier has been fixed at '11'. Going by the Second Schedule of the Motor Vehicles Act, the amount to be taken for fixing the compensation for loss of dependency in the case of a 21 year old will be Rs.7,20,000.00. After deducting one-third towards personal expenses, the sum payable towards loss of dependency will be Rs.4,80,000.00. Apart from the amount payable under the head loss of dependency, the appellant will be entitled to a sum of Rs.2,500.00 towards loss of estate and Rs.2,000.00 towards transportation expenses totalling to Rs.4,84,500.00. After deducting the amount of Rs.2,99,900.00 which has already been granted by the Tribunal, the appellant will be entitled to a sum of Rs.1,84,600.00 as additional compensation.