Madras HC: How to calculate compensation under S 163A of Motor vehicle Act?

 Further, the Tribunal has awarded a sum of Rs.15,000/- towards loss of love and affection, Rs.20,000/- towards loss of consortium and Rs.5,000/- towards funeral expenses. The appellants are entitled only for a sum of Rs.5,000/- towards loss of consortium, Rs.2,000/- towards funeral expenses and Rs.2,500/- towards loss of estate. In view of the excess amount granted by the Tribunal under conventional heads, the appellants are not entitled to any enhancement.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

C.M.A.No.400 of 2020

Sendhiammal  Vs. Ramshuklal

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

DATED: 13.02.2020.

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Madras HC: Claimant is not entitled to get future prospect U/S 163A of Motor vehicle Act

From the award of the Tribunal, it is seen that the appellants claimed compensation for the death of one Munusamy. When the claim petition was filed under Section 163(A), the Tribunal has to follow structural formula contained in the Second Schedule of the Motor Vehicles Act. As per the Second Schedule, the claimants are entitled to compensation only if the income of the deceased is Rs.40,000/- per annum or less than the same. The claimants have claimed in the claim petition that the deceased was working as a coolie and was earning a sum of Rs.3,300/- per month and the Tribunal accepting the same, fixed the monthly income of the deceased at Rs.3,300/-, deducted 1/3rd towards personal expenses, fixed the age as 31 years as per Post Mortem Certificate, applied multiplier 17 and granted compensation as per the Second Schedule. As per structural formula, the appellants are not entitled for any enhancement towards future prospects. {Para 9}

IN THE HIGH COURT OF JUDICATURE AT MADRAS

C.M.A.No.400 of 2020

Sendhiammal  Vs. Ramshuklal

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

DATED: 13.02.2020.

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