IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 381 of 2006() ---------------------- OPMV.1049/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO. LTD., REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, METRO PALACE, GROUND FLOOR, NORTH RAILWAY STATION ROAD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): PETITIONER ------------------------- 1. KANAYANKAL BINU, S/O.VARKEY, MANPOIL, MANAKKADAVU.P.O, ALAKODE AMSOM, KANNUR DISTRICT. 2. BENNYCHAN.K.V, S/O.VARKEY, KANAYANKAL HOUSE, MANPOIL, MANAKKADAVU.P.O, ALAKODE AMSOM, KANNUR DISTRICT. 3. MATHEW THEKKUMKATTIL, S/O.JOSEPH, THEKKUMKATTIL HOUSE, VIJAYGIRI P.O. VIJAYAGIRI, ALAKODE VIA., THALIPARAMBA TALUK, KANNUR DISTRICT. ADV. SRI.PROMY KAPRAKKATT FOR R3 SRI.K.N.ABHILASH FOR R3 SRI.SUNIL NAIR PALAKKAT FOR R3 SMT.P.K.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.381 of 2006 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed by the Insurance Company challenging the award on the ground that multiplier applied is high, because instead of taking the multiplier applicable to the father of the deceased, the MACT took age of the deceased and applied the multiplier. Eventhough in principle the argument of the Insurance Company is tenable, we notice that the total compensation awarded is only Rs.2,21,500/- for the death of 18 years old boy. We do not find any ground to interfere with the award, whatever be the mistake in the multiplier applied. Consequently the appeal is dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms