IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 1703 of 2008() ----------------------- OPMV.2/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------ THE NEW INDIA ASSURANCE CO. LTD. NAMAKAL NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONERS: ------------------------------------------------- 1. V.M.GEORGE, VAYALUMKAL HOUSE, CHENGALAM P.O.,KOTTAYAM. 2. GRACE GEORGE, DO..DO. ADV. SRI.MATHEW JOHN (K) FOR R1-2 SRI.AJEESH K.SASI FOR R1-2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1703 of 2008 ------------------------------------- Dated 19th November, 2008 JUDGMENT Koshy,J . A youngster aged 22 died in a motor accident on 11.3.2005. His parents applied for compensation contending that the accident occurred due to the negligence of the second respondent driver of the vehicle insured by the third respondent insurance company. Insurance company was allowed to take up all the defences. The Tribunal awarded an amount of Rs.4,38,000/= with 9% interest from the date of application till realization and directed the insurance company to deposit the amount. Two contentions are raised by the appellant. First contention is that the monthly income fixed as Rs.6,000/= is on the high side. The Tribunal noticed that the deceased was a post graduate student and also noticed that he was studying in the Marian College, Kuttikkanam for the course Master of Management in Hospitality during the academic year 2004-06. The certificate produced also shows that his performance, character and conduct were very good. It was also proved that Rs.1,97,472/- was paid to the institution by his parents for studying the course. Ext.A7 certificate shows that he has done project work and his performance was excellent. According to the claimants, Rs.12,000/= ought to have been taken as the monthly income of the deceased, but, MACA.1703/2008 2 the Tribunal fixed Rs.6,000/= as the average monthly income. Considering his qualifications, nature of course, expectation of the parents, the present salary structure, the expenses incurred for studying the professional course and considering the totality of circumstances, we are of the opinion that the notional income of Rs.6,000/= fixed by the Tribunal cannot be termed as very high. 2. It is then contended that considering the age of the deceased, the Tribunal has taken 17 as the multiplier. If the age of the parents is taken into account, only 13 will be the multiplier. But, we note that 2/3rd of the income was deducted for personal expenses. It is settled that only 1/3rd can be deducted for personal expenses for calculating compensation for loss of dependency especially considering the age of the parents. If one third is deducted and 13 is taken as the multiplier, the amount to be granted will be much more than that was granted by the Tribunal. In the above circumstances, we are of the opinion that no interference is required in the award. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks