IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No.2361 of 2008 --------------------------- OPMV.992/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANTS/APPLICANTS ------------------------------- 1. PUSHPAMMA, M/O. DECEASED BINDU G., PUTHUVAL PUTHENVEEDU,PONNARA NAGAR, MUTTATHARA, THIRUVANANTHAPURAM. 2. SINDHU, SISTER OF DECEASED BINDHU, PUTHUVAL PUTHEN VEEDU, PONNARA NAGAR, MUTTATHARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS/RESPONDENTS: ------------------------------------ 1. AJMAL HAMEED, S/O. SHAHUL HAMEED, SANA, HOUSE NO.11/452, THOPPUMUKKU, MURUKKUMPUZHA, TIRUVANATHAPURAM. 2. RASHEED, S/O,EBRAHIM, T.C. 47/517 (1),RAHINA MANZIL, KALLATTUMUKKU, MANACAUD P.O., THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NO.2, ST. MARY'S VILLA, ULLOOR BRANCH, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.2361 of 2008 --------------------------------- JUDGMENT Balachandran, J. Bindu, the son of the first appellant and brother of the second appellant, sustained fatal injuries in a motor vehicle accident on 2.6.2003 and succumbed to the injuries on 4.6.2003. Appellants claimed a total compensation of Rs.5,18,000/-. Tribunal awarded an amount of Rs.2,12,800/-. Appellants have preferred this appeal claiming enhancement in compensation. Hence, we are considering that aspect alone in this appeal. 2. The deceased was aged 35 and was unmarried. According to the appellants, the deceased was a works contractor earning a monthly income of Rs.12,000/-. However, no evidence was adduced as regards the income and the Tribunal notionally fixed his income at Rs.2,500/- per month as his MACA 2361/08 2 avocation as contractor was not in dispute. Considering the age of the mother, who was aged 56 years, the Tribunal adopted the apt multiplier 8 as provided in the second schedule to the Motor Vehicles Act and assessed the dependency compensation at Rs.1,60,000/- (2500 x 12 x 2/3 x 8). The Tribunal cannot be found fault with for estimating the notional income at Rs.2,500/- per month or in having adopting 8 as the multiplier. The entire medical expenses of Rs.15,300/-, evidenced by Exhibit A7, was also reimbursed. Towards loss of love and affection and loss of estate, an amount of Rs.10,000/- each was awarded and for pain and suffering Rs.10,000/- was awarded. Towards funeral expenses, an amount of Rs.7,500/- was awarded by the Tribunal. Considering the age of the mother and the fact that the mother and sister alone are the dependents of the deceased and the method of assessment of damages adopted by the Tribunal, we see no scope for enhancement in MACA 2361/08 3 compensation awarded by the Tribunal. Thus, there is no merit in this appeal and it deserves only to be dismissed. In the result, we dismiss this appeal. (J.B.Koshy, Judge) 3rd November, 2008 (K.P.Balachandran, Judge) tkv