IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 1204 of 2004() ----------------------- OPMV.1709/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. JOSEPH, S/O. MATHEW, CHEKKATHADATHIL HOUSE, P.O. KALANKY, ULICKAL (VIA), KANNUR DISTRICT. 2. THRESSIAMMA, D/O. XAVIOUS, CHEKKATHADATHIL HOUSE, P.O. KALANKY, ULICKAL (VIA), KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: RESPONDENT NO.3: ----------------------------- UNITED INDIA INSURANCE COMPANY LTD., THALASSERY. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.1204 of 2004 .................................................................... Dated this the 5th day of August, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation awarded for the death of the only son of the appellants who was only 25 years old when he died in the accident. While counsel for the appellants submitted that income fixed for the deceased who was a graduate (B.A., B.Ed.) is too low and compensation awarded under other heads are also very low, counsel for the Insurance Company pointed out that multiplier applied without taking into account age of the appellants is high. He further pointed out that dependency gets shared with wife because deceased was almost reaching the marriageable age. We find force in the contention raised by the appellants about the inadequacy of compensation awarded under various heads and the low income fixed by the Tribunal for the purpose of fixing compensation. However, there is force in the contention of the Insurance Company also because multiplier applied at 18 is high considering the age of the parents. Moreover, dependency gets reduced on marriage. Having regard to the contentions raised and since the compensation awarded for the death of the 25 year old educated man is only Rs.1,84,500/-, we increase the total compensation to rupees two lakh fifty thousand with direction to the Insurance Company to deposit the compensation with 7.5% interest p.a. from date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms