IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 1346 of 2002(B) ----------------------- OP(MV)1110/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: 3RD RESPONDENT IN O.P.(MV)NO.1110/99: ----------------------------------------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., NEAR MUNICIPAL BUS STAND, MAIN ROAD, ATTINGAL, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, KANDAMKULATHY TOWERS, M.G. ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENTS: PETITIONERS & RESPONDENTS 1 & 2 IN THE O.P. (MV): ----------------------------------------------------------------------------------------------------------- 1. REMLA, WIDOW OF DECEASED BASHEER, ANCHIVELI HOUSE, WARD III, PUNNAPPRA PANCHAYATH, ALAPPUZHA. 2. SHEEJAMOL, D/O. DECEASED BASHEER, ANCHIVELI HOUSE, WARD III, PUNNAPPARA PANCHAYATH, ALAPPUZHA. 3. SHIHABUDHEEN, S/O. DECEASED BASHEER, ANCHIVELI HOUSE, WARD III, PUNNAPPARA PANCHAYATH, ALAPPUZHA. 4. SIYAD, S/O. DECEASED BASHEER, ANCHIVELI HOUSE, WARD III, PUNNAPPARA PANCHAYATH, PALAPPUZHA. 5. SAVAD, S/O. DECEASSED BASHEER, ANCHIVOLI HOUSE, WARD III, PUNNAPPARA PANCHAYATH, ALAPPUZHA. 6. MOHAMMED SADIQUE, S/O. HAMEED, DAYA MANZIL, AVALOOKUNNU P.O., ALAPPUZHA. 7. K.N. RAHIB, S/O. MOHAMMED KUNJU, DAYA MANZIL, AVALOOKUNNU P.O., ALAPPUZHA. BY ADV. SRI.A.MOHAMMED SRI.M.SAJJAD THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.8041/2002 IN M.F.A.NO.1346/2002 DISMISSED 13/02/2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1346 OF 2002 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . Quantum of compensation awarded by the Tribunal is challenged by the insurance company in this appeal. A man aged 42 years who was maintaining a large family sustained fatal injuries and died in a motor accident due to the negligence of the driver of the vehicle insured by the appellant insurance company. Taking guidance from the second schedule, 15 was taken as the multiplier. The deceased was conducting fish vending business and also stationery business. According to the claimants, his monthly income was Rs.4,000/=. Income certificate was also produced. However, Tribunal assessed Rs.3,000/= as his monthly income and compensation was calculated. We are of the opinion that only just and reasonable compensation was awarded and no interference is necessary in the same. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks