IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 MACA.No. 960 of 2005() ---------------------- OPMV.1144/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT:2ND RESPONDENT IN O.P.(MV): ------------------------------------------------------------------ THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC RESPONDENTS: PETITIONERS AND 1ST RESPONDENT IN O.P.(MV): ---------------------------------------------------------------------------------------------------- 1. GRACY JOSEPH, W/O.JOSEPH, MEEPPANA HOUSE, NEW LANE, THOTTAKATTUKARA,ALUVA. 2. SANJOSE, S/O.JOSEPH, MEEPPANA HOUSE, NEW LANE, THOTTAKKATTUKARA, ALUVA REPRESENTED BY HIS MOTHER AND NEXT FRIEND GRACY JOSEPH. 3. SACHINA, D/O.JOSEPH, MEEPPANA HOUSE, NEW LANE THOTTAKKATTUKARA, ALUVA REPRESENTED BY HER MOTHER AND NEXT FRIEND GRACY JOSEPH. 4. SHAN, S/O.JOSEPH, MEEPPANA HOUSE, NEW LANE, THOTTAKATTUKARA, ALUVA REPRESENTED BY HIS MOTHER AND NEXT FRIEND GRACY JOSEPH. 5. PRADEEP, S/O.SHIVAN, KOKKAMPADATH HOUSE, KIZHAKKUMPURAM, CHENDAMANGALAM KARA, CHENDAMANGALAM. BY ADV. SRI.C.A.CHACKO THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.960 OF 2005 and I.A.No.1345 of 2005 ------------------------------------- Dated 19th February, 2008 JUDGMENT Koshy,J . I.A.No.1345 of 2005 is a petition to condone the delay of 538 days in filing the appeal. A man aged 44 years employed in Hindustan Insecticides Limited (HIL), a public sector undertaking, sustained fatal injuries in a motor accident on 26.6.1999. Driver of the appellant was charge-sheeted. After considering the evidence adduced, the Tribunal found that the accident occurred due to the negligence of the driver of the vehicle of the appellant Corporation. Appellant did not adduce any evidence regarding the aspect of negligence or any other matter. Against a claim of Rs.10,50,000/=, total amount awarded by the Tribunal was Rs.8,82,881/= with interest. The deceased was employed in HIL. His salary as per the salary certificate produced was Rs.7,870.50. Tribunal deducted certain allowances and fixed his monthly income at Rs.7199/=. Thereafter, one third was deducted and Rs.4,799/= was taken as the multiplicand. Tribunal did not consider future prospects. Even though he was employed in a public sector undertaking, he was entitled to periodical wage revisions, increments, promotional chances etc. Since he was aged 44 years, 15 was taken as the multiplier. But, M.A.C.A.No.960 OF 2005 and I.A.No.1345 of 2005 2 since he has only 14 years of service left behind, Rs.4,799/= which was taken as multiplicand was multiplied by 14 and then after retirement Rs.1,500/= was taken as the multiplicand and compensation was calculated. Only just and reasonable compensation was calculated. The award was dated 28th August, 2003. Copy application was filed on 2.5.2005. Absolutely no reasons are stated for the delay of more than one and a half years in filing the copy application. Why appeal was not filed on receipt of free copy of the judgment immediately on passing the award is also not explained. No satisfactory reasons are stated for condoning the long delay. Hence, the delay condonation petition is dismissed. Consequently, the appeal is also dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks