IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 MACA.No.2255 of 2008 (D) ------------------------------- OPMV.420/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS/PETITIONERS --------------------------------- 1. MANJU K.P., W/O.LATE MAHESH,KUZHIVELIL- HOUSE, THIDANADU KARA, KONDOOR VILLAGE, PAKKAYAM BHAGOM. 2. ANANTHU MAHESH (MINOR) S/O.LATE MAHESH, REP.BY MOTHER AND GUARDIAN MANJU K.P., W/O.LATE MAHESH, KUZHIVELIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE,PAKKAYAM BHAGOM. 3. ARJUN MAHESH (MINOR), S/O.LATE MAHESH, REP.BY MOTHER AND GUARDIAN MANJU K.P., W/O.LATE MAHESH,KUZHIVELIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE,PAKKAYAM BHAGOM. 4. AKASH MAHESH (MINOR) S/O.LATE MAHESH, REP.BY MOTHER AND GUARDIAN MANJU K.P., W/O.LATE MAHESH,KUZHIVELIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE,PAKKAYAM BHAGOM. 5. K.RAMAKRISHNA PILLAI, F/O.LATE MAHESH, KUZHIVELIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE,PAKKAYAM BHAGOM. 6. T.K.THANKAMONY, M/O.LATE MAHESH, KUZHIVELIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE,PAKKAYAM BHAGOM. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.P.J.JOSEPH SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G MACA.No.2255 of 2008 (D) -2- RESPONDENTS: RESPONDENTS ------------------------------------ 1. SUGUNAN @ VIKRAMAN, MUNDACKAL HOUSE, RAMANGALAM KARA, MARADI VILLAGE, MOOVATTUPUZHA TALUK. 2. DAMODHARAN NAIR, S/O.GOVINDAN NAIR, GOVINDAVILASAM HOUSE, PLASSANAL P.O., THALAPALAM VILLAGE. 3. THE ORIENTIAL INSURANCE CO. LTD, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.2255 of 2008 ------------------------------------------------ Dated this the 17th day of October, 2008 JUDGMENT Koshy, J Husband of the first appellant died in a motor accident. The claim was filed by his widow, children and parents claiming a total compensation of Rs.12 lakhs. According to the claimants, the deceased was a driver. But there is no evidence to prove his income. He was 31 years old. The Tribunal assessed Rs.3,000/- as the monthly income. Since he was 31 years, taking guidelines from the Second Schedule, 17 was fixed as the multiplier. The total compensation calculated was Rs.4,53,000/- with 9% interest and cost of Rs.7,000/-. We are of the view that just and reasonable compensation was awarded by the Tribunal and no interference is required at M. A. C. A. No.2255 of 2008 -2- the appellate stage. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-