2025:KER:24833 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 13TH DAY OF MARCH 2025/22ND PHALGUNA, 1946 MACA NO. 1482 OF 2014 AGAINST THE ORDER/JUDGMENT DATED 10.01.2014 IN OPMV NO.814 OF 2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. APPELLANT: THE NATIONAL INSURANCE COMPANY LTD, KOCHI DIVISIONAL OFFICE, AJAY VIHAR, M.G.ROAD, COCHIN-16, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM. BY ADV SEBASTIAN VARGHESE RESPONDENTS: 1 RADHAMANI.N.G, AGED 49 YEARS, W/O.LATE ASHOK KUMAR, PALATHUNKAL HOUSE, KAKKANAD P.O., ERNAKULAM - 682 030. 2 ARAVIND GHOSH P.A, AGED 21 YEARS, S/O.LATE ASHOK KUMAR, PALATHUNKAL HOUSE, KAKKANAD P.O., ERNAKULAM - 682 030. 3 M.K.SANTHOSH, MUPRAPADAVIL HOUSE, VAIKKARA P.O., ASAMANNOOR, PERUMBAVOOR – 683 542. 4 GEORGE.T.M, THADIKULANGARA HOUSE, MUDAKKUZHA P.O., PERUMBAVOOR – 683 546. M.A.C.A.No.1482 of 2014 2025:KER:24833 -2- 5 THE NEW INDIA ASSURANCE COMPANY LTD, COCHIN DIVISIONAL OFFICE, M.G.ROAD, COCHIN - 682 011. BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SRI.SAJEN THAMPAN SRI.CAESAR V PILLA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No.1482 of 2014 2025:KER:24833 -3- J U D G M E N T Dated this the 13th day of March, 2025 The 2nd respondent in O.P.(M.V.) No.814/2012 on the file of the Motor Accident Claims Tribunal, Ernakulam is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal). 2. The petitioners are the mother and brother of the deceased Viswanath, who died in a motor vehicle that accident occurred on 13.02.2012. The above O.P. was filed under Section 163A of the Motor Vehicles Act, 1988. According to the petitioners, on 13.02.2012, at about 9.30 a.m., while the deceased was riding a motorcycle, he was knocked down by a bus bearing Registration No.KL-40/7479 driven by one Viji. As a result of which he fell down and sustained serious injuries and he succumbed to the injuries on the same day. 3. According to the petitioners the deceased was working as a newspaper boy getting an annual income of Rs.39,600/-. But the tribunal has fixed his annual income at Rs.24,000/- and awarded a compensation of Rs.4,80,750/- including Rs.20,250/- towards medical expenses. 4. The learned counsel for the appellants would argue that the tribunal had not deducted 1/3rd of the compensation towards personal and living expense of the deceased and also that the tribunal was not justified in awarding medical expense more than Rs.15,000/-. M.A.C.A.No.1482 of 2014 2025:KER:24833 -4- 5. At the time of arguments, there was no representation for the claimant. 6. Heard Sri.Sebastian Varghese, the learned Standing Counsel for the 2nd respondent and Sri.Anil S Raj the learned counsel for the respondents. 7. In the claim petition, the petitioners claim that the deceased was a newspaper boy getting an annual income of Rs.39,600/-. As per the decision of the Hon’ble Supreme Court in the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [2011 (13) SCC 236], the notional income of a coolie during the year 2012 will come to Rs.8,500/-. In the above circumstances, the tribunal was not justified in fixing the notional annual income of the deceased at Rs.24,000/-. Since the outer limit of the annual income for an application under Section 163A of the Motor vehicles Act is Rs.40,000/-, I hold that, for the purpose of assessing the loss of dependency, the notional income of the deceased can be fixed at Rs.40,000/- per annum. 8. As per the second schedule to the Motor Vehicles Act, the compensation payable to victims within the age group of 15 - 20, and having an annual income of Rs.40,000/- is Rs.7,60,000/-, from which 1/3rd is to be deducted towards personal and living expenses. Therefore, after deducting 1/3rd towards personal and living expense, the compensation payable to the petitioners will come to Rs.5,06,667/-. M.A.C.A.No.1482 of 2014 2025:KER:24833 -5- However, the maximum compensation payable on the head medical expense is only Rs.15,000/-. Therefore, the tribunal was not justified in awarding Rs.20,250/- on the head medical expense. Therefore, the total compensation payable to the petitioners will come to Rs.5,26,167/- (5,06,667 + 2,000 + 2,500 + 15,000/-). 9. In the result, this appeal is disposed of directing the appellant to pay a total sum of Rs.526,167/- along with interest @8% per annum from the date of the petition till realisation/deposit, within a period of two months from today. On depositing the aforesaid amount, the Tribunal shall disburse the entire amount to the petitioners, in the ratio fixed by the Tribunal, excluding court fee payable, if any, without delay, as per rules. Sd/- C. PRATHEEPKUMAR, JUDGE ADS