2025:KER:27483 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 MACA NO. 513 OF 2017 AGAINST THE AWARD DATED 20.01.2016 IN OP(MV) NO.996 OF 2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM APPELLANTS/PETITIONERS: 1 SAHTEESH KUMAR S/O. VELUKUTTY, PARAVILA VEEDU, MUTTAKKADU, KOVALAM P.O, THIRUVANANTHAPURAM. 2 RADHA W/O. SATHEESH KUMAR, PARAVILA VEEDU, MUTTAKKADU, KOVALAM P.O, THIRUVANANTHAPURAM. 3 ANU PRASAD S/O. SATHEESH KUMAR, PARAVILA VEEDU, MUTTAKKADU, KOVALAM P.O, THIRUVANANTHAPURAM. BY ADVS. SRI.BIJU BALAKRISHNAN SRI.P.RADHAKRISHNAN VELLANGATTU SMT.V.S.RAKHEE SMT.SUSHYA RAJAN 2025:KER:27483 M.A.C.A. No.513 of 2017 -: 2 :- RESPONDENTS/RESPONDENTS: 1 THE MANAGING DIRECTOR K.S.R.T.C. TRANSPORT BHAVAN, EAST PORT, THIRUVANANTHAPURAM. 2 SUKUMARAN M.V S/O. VELLAN, MUKKATH HOUSE, PUTHAN KUNNU P.O, WAYANAD. BY ADVS. SRI.JOHN MATHEW, SC, KERALA STATE ROAD TRANSPORT CORPORATION SRI.P.C.CHACKO(PARATHANAM) ALEX ANTONY SEBASTIAN P.A. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27483 SATHISH NINAN, J. = = = = = = = = = = = = = = = = = = M.A.C.A. No.513 of 2017 = = = = = = = = = = = = = = = = = = Dated this the 26th day of March, 2025 JUDGMENT The claimants are in appeal, seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal. 2. Shri.Krishna Prasad @ Shyam died in a motor accident on 13.01.2010. He was the rider of a motorcycle. He was aged 23 years and was not married. There is no proof of his employment. The claimants are his parents and sister. 3. The Tribunal awarded a total compensation of Rs.8,95,000/- under various heads. 4. I have heard the learned counsel for the appellants and the learned Standing Counsel for the 2025:KER:27483 M.A.C.A. No.513 of 2017 -: 2 :- insurance company. 5. Though in the application, the age of the deceased was shown as 23 years, as per the postmortem certificate, the age was 25 years. The Tribunal noticed that, at any rate, he falls within the age group of 21 to 25 and that the proper multiplier is 18. The Tribunal was right in adopting the said multiplier. 6. With regard to the monthly income, the Tribunal fixed notional income of Rs.5,000/- per month. This Court in Cholamandalam MS General Insurance Company Limited Vs. Saritha and Ors. (2025 (1) KHC 168), held:- “12. The decision of the Hon'ble Supreme Court in Ramachandrappa v. Royal Sundaram Alliance Insurance Co.Ltd. (2011) 13 SCC 236] and Syed Sadiq and Others v. Divisional Manager, United India Insurance Company [(2014) 2 SCC 735] shows that even in the absence of any evidence, the monthly income of an ordinary worker has to be fixed as Rs.4,500/- in respect of the accident occurred in the year 2004 and for the subsequent years, the monthly income could be reckoned by adding Rs.500/- each per year. If the monthly income of the deceased is calculated by adopting the above principle, it will come to Rs.9,500/- as the accident occurred in the year 2014.” 2025:KER:27483 M.A.C.A. No.513 of 2017 -: 3 :- Going by the judgment, the notional income is liable to be fixed at Rs.7,500/- 7. The Tribunal added 50% of the income towards future prospects. However, as per the judgment of the Apex Court in Sarla Verma v. Delhi Transport Corporation [(2009) 6 SCC 121], with regard to unsalaried persons, only 40% of the income is to be added towards future prospects. Thus, the amount would be 10,500/-. 8. Since the deceased was a bachelor, 50% is to be deducted towards personal and living expenses and the balance is to be reckoned as the contribution to the family. Therefore, the compensation for loss of dependency is Rs.11,34,000/-(10,500x12x18x50/100). 9. The Tribunal awarded Rs.25,000/- each under the heads funeral expenses and loss of estate. However, in the light of the judgment of the Apex Court in National Insurance Company Limited v. Pranay Sethi and others [2017 2025:KER:27483 M.A.C.A. No.513 of 2017 -: 4 :- (4) KLT 662] and Sarla Verma's case (supra), the amount to be awarded is only Rs.15,000/- each. 10. With regard to compensation under the head of loss of love and affection, the Tribunal awarded only an amount of Rs.25,000/-. As per the judgment of Pranay Sethi(supra) and Sarla Verma (supra), an amount of Rs.40,000/- is liable to be awarded under the head. 11. Therefore, the compensation will stand re- fixed as hereunder; SI.No. Head of claim Amount claimed Amount awarded Basis/vital details in a nut shell 1 Transportation to hospital and back 10,000/- 1,000/- Reasonable estimate made 2 Damage to clothing and articles 3,000/- 1,000/- Reasonable estimate made 3 Funeral expenses 10,000/- 15,000/- Rs.25,000/- granted by the Tribunal but entitled to Rs.15,000/- only 4 Compensation for pain and suffering, etc 25,000/- 8,000/- Reasonable estimate made 5 Compensation for loss of dependency benefit 9,50,000 11,34,000/- 10,500x12x18x 50/100 2025:KER:27483 M.A.C.A. No.513 of 2017 -: 5 :- 6 Compensation for loss of estate 25,000/- 15,000/- Rs.25,000/- granted by the Tribunal but entitled to Rs.15,000/- only 7 Compensation for loss of love and affection 25,000/- 40,000/- 40,000/- each to parents Total 12,14,000 /- Tribunal awarded Rs.8,95,000/-. Enhanced amount comes to Rs.3,19,000/- Petitioners are entitled to get a total compensation of Rs.12,14,000/- and they are entitled to get 9% interest. The award of the Tribunal will stand modified to the above extent. The appeal is allowed as above. Sd/- SATHISH NINAN JUDGE yd