IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 502 of 2008() ---------------------- OPMV.616/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANTS/PETITIONERS: ------------------------------------------- 1. OMANA, AGED 41 YEARS, M/O.DECEASED, JAYAVILASOM, VAZHAPPARA, KUZHIKKATTU, PATHIRICKAL P.O. 2. JAYAKUMAR, AGED 23 YEARS, B/O.DECEASED, JAYAVILASOM, VAZHAPPARA, KUZHIKKATTU, PATHIRICKAL P.O. 3. SREEDEVI, AGED 20 YEARS, S/O.DECEASED JAYAVILASOM, VAZHAPPARA, KUZHIKKATTU, PATHIRICKAL P.O. 4. SATHEESH, AGED 18 YEARS, B/O. DECEASED JAYAVILASOM, VAZHAPPARA, KUZHIKKATTU, PATHIRICKAL P.O. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.V.VARGHESE RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. ABDUL SHUKKUR, SHERIN MANZIL, NEERMARIA HOSPITAL, KANNAMCODE. Kss ..2/- ...2..... M.A.C.A.NO.502/2008 *2. JAYACHANDRAN, S/O.GANGADHARAN, (ADDRESS NOT KNOWN). * THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS VIDE ORDER DTD. 20/06/08 ON I.A.1346/08. 3. NATIONAL INSURANCE CO.LTD., KOLLAM. 4. THE MANAGER, P.S.V.P.M. HIGH SCHOOL, KONNI, PATHANAMTHITTA. 5. SHINUKOSHY, THOMPIL, MANGARAM, KONNI. 6. THE NEW INDIA ASSURANCE CO.LTD. PATHANAMTHITTA. ADV. SRI.B.KRISHNA MANI FOR R1 SRI.JOSEPH T.JOHN FOR R1 SRI.E.M.JOSEPH FOR R3 SRI.SUNIL JACOB JOSE FOR R5 SRI.PMM.NAJEEB KHAN FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.502 OF 2008 ------------------------------------- Dated 29th October, 2008 JUDGMENT Koshy,J . A boy aged 17 sustained fatal injuries in an accident. Total compensation awarded by the Tribunal was Rs.1,80,000/=. The only dispute raised in this appeal is regarding the quantum of compensation. Father of the deceased was not made a party. Mother was aged 41. The deceased was not employed. If mother's age is taken into account, only 15 can be taken as the multiplier. It is well settled law that, if the motor accident victim is unmarried, age of the claimants should be looked into for fixing the multiplier. So, taking second schedule as a guideline, compensation payable for loss of dependency will be only Rs.1,50,000/=. It is true that second schedule is framed in 1994. The accident occurred in 2003. The compensation awarded was Rs.1,80,000/=. Considering the total compensation granted, we are of the view that just and reasonable compensation was awarded and no interference is required in the award. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks