IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 1413 of 2005() ----------------------- OPMV.992/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR APPELLANT(S)/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, THRISSUR NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.JACOB MATHEW.P. RESPONDENT(S): PETITIONERS -------------------------- 1. BHARGAVI AMMA, W/O.ACHUTHAN NAIR, MELUVEETTIL HOUSE, CHUVANNAMANNU P.O., THANIPPADAM, THRISSUR DISTRICT. 2. DEVAKY, D/O.ACHUTHAN NAIR, DO.DO. 3. UNNIKRISHNAN, S/O.ACHUTHAN NAIR, DO.DO. 4. DAMODARAN, S/O.ACHUTHAN NAIR, DO.DO. 5. SARASWATHY, D/O.ACHUTHAN NAIR, DO.DO. 6. SUKUMARAN, S/O.ACHUTHAN NAIR, DO.DO. 7. RAJKUMAR, S/O.ACHUTHAN NAIR, DO.DO. (NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1 & 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL) ADVS. SRI.V.CHITAMBARESH FOR R3 SRI.T.C.SURESH MENON FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 2583 OF 2005 IN M.A.C.A. NO. 1413 OF 2005.. DISMISSED 15.12.2008 Sd/-(C.N.RAMACHANDRAN NAIR, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1413 OF 2005 --------------------------------------------------------- Dated this the 15th day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed by the Insurance Company against the amount of compensation granted by the Motor Accidents Claims Tribunal, Thrissur for the death of the son of the first respondent in a road accident. 2. Deceased was aged 34 years at the time of his death and was stated to be a driver by profession. The motor bike which he was riding with a pillion rider knocked against a bus, the insurer of which is the appellant herein. The main ground of challenge is against the application of the multiplier with reference to the age of the deceased as against the age of the claimants. The legitimate claimant is the mother of the deceased and all others are grown up brothers and sisters who cannot claim dependency on the deceased. The connected appeal, M.A.C.A. No.1430 of 2005, filed by the same Insurance Company, was allowed by us by modifying the award. Following the same principle and since the first respondent is stated to be solely dependent on her unmarried son, we refix M.A.C.A. NO. 1413/2005 2 the compensation under all heads to a consolidated amount of Rs.1,50,000/- which will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal stands allowed as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 1413/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1413/2005 JUDGMENT 15th December, 2008 M.A.C.A. NO. 1413/2005 4