IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 MACA.No. 21 of 2003() -------------------------------- OP(MV).729/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/1ST RESPONDENT IN THE O.P.(MV) -------------------- M.V. KRISHNAN, S/O. NARAYANI, MANJOTH VALAPPIL HOUSE, PANNIYANNUR P.O., POOMANGALAM, TALIPARAMBU. BY ADV. SRI.LAL GEORGE RESPONDENTS: PETITIONERS & RESPONDENTS 2 & 3 IN THE O.P.(MV): -------------------------- 1. K.P. GAFOOR, S/O. IBRAHIM, 43 YEARS, PUNNAKKAL HOUSE, KOTTAMMAL, VALAPATTANAM. 2. P. AFSATH, W/O. GAFOOR, AGED 35 YEARS, PUNNAKKAL HOUSE, KOTTAMMAL, VALAPATTANAM. 3. PUTHIYAVEETIL PURUSHOTHAMAN, S/O. SANKARAN, PUTHIYAVEETIL HOUSE, AZHIKODE AMSOM, POYITHUMKADAVU, AZHIKODE, KANNUR. 4. NATIONAL INSURANCE COMPANY LTD., KANNUR. BY ADV. SRI.A.K.SRINIVASAN } R2, R2 SRI.A.S.BENOY } THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.21 OF 2003 ------------------------------------- Dated 19th February, 2008 JUDGMENT Koshy,J . An unmarried person aged 18 years died in a motor accident on 7.2.1997. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle owned by the appellant and insured by the third respondent insurance company and insurance company was directed to deposit the quantum of compensation. It was contended before the Tribunal that the deceased was earning Rs.4,500/= per month from a saw mill. To prove the same Exts.A5 and A6 salary certificates issued by a firm were produced. Exts.A9 and A10 identity cards were also produced to show that he was employed in a saw mill. Owner of the saw mill was examined as PW2 and he proved the certificates. As a finding of fact Tribunal found that Rs.4,500/= was his monthly income and one third was deducted for calculating compensation. Since the deceased was unmarried, for fixing multiplier age of the mother was taken and if the age of the deceased was taken, a higher multiplier would have been fixed. Insurance company was directed to deposit the amount. Owner is not aggrieved and appeal is MACA.21/2003 2 not maintainable. Only a reasonable compensation was awarded and no interference is reqired in the same. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks