IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 MACA.No. 1332 of 2007() ----------------------------------- OPMV.205/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN OP(MV) -------------------------------------------------------- 1. VARGHESE, S/O. LATE NELLIPILLY OUSEPH, POTTA DESOM, PERAMBRA VILLAGE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR. 2. JOY, S/O. LATE NELLIPILLY OUSEPH, POTTA DESOM, PERAMBRA VILLAGE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR. 3. SHYNI WILSON, D/O. LATE NELLIPILLY OUSEPH, POTTA DESOM, PERAMBRA VILLAGE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR. 4. ANNIE, W/O. THOMAS, NELLIPILLY HOUSE, POTTA DESOM, PERAMBRA VILLAGE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR. 5. LEVIN THOMAS (MINOR), AGED 12 YEARS, S/O. LATE THOMAS, REPRESENTED BY HIS NEXT FRIEND GUARDIAN MOTHER ANNIE, NELLIPILLY HOUSE, POTTA DESOM, PERAMBRA VILLAGE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR. BY ADV. MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV) -------------------------------------------------------------- 1. MANGALA S., W/O. A.MANJUNATH, KARUPPUR VILLAGE, ANEKAL TALUK, BESTHAMANA HALLI P.O., BANGALORE. 2. RAJAN S., S/O. PADINJATHARA SANKARANARAYANAN, MUDAPPALLUR, PALAKKAD P.O. 3. UNITED INDIA INSURANCE CO. LTD., 1087-C, ANAVASHI ROAD, KRISHNA TOWERS, P.N.PALAYAM, COIMBATORE-37. R3 BY ADV. MR.PMM.NAJEEB KHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1332 OF 2007 ............................................. Dated this the 13th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.205/2003. Claimants are the legal representatives of deceased mariyam, aged 60 years, who died in a road accident. The Tribunal, on consideration of the materials granted a compensation of Rs.81,500/= and directed the insurance company to pay the amount. It is against that decision, the claimants have come up in appeal. 2. Heard the learned counsel for the appellants and perused the records. By virtue of the decision reported in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298), the Hon'ble Supreme Court has given guidelines and formulated a table whereby even if a person crosses the age of 60 up to 65 years, the multiplier to be used is 7. So, this Court has to apply the multiplier of 7 and when it is so used after deducting one third for the personal expenses, the annual dependency would be Rs.12,000/= : 2 : M.A.C.A.NO.1332 OF 2007 which when multiplied by 7 would be Rs.84,000/=. When it is added to the other compensation allowed by the Tribunal, it will come to Rs.1,05,500/= and as appeal is preferred before the Single Judge and as the claim is also restricted to Rs. One lakh, I confine and limit the compensation to Rs. One lakh or in other words,I grant an additional compensation of Rs.18,500/= to the claimants. 3. In the result, the MACA is partly allowed and the claimants are entitled to an additional compensation of Rs.18,500/= with 7.5% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the same within a period of 60 days from the date of receipt of a copy of this judgment. I also retain the proportion ordered by the Tribunal. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.1332 OF 2007