IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 1104 of 2004() ----------------------- OPMV.350/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. C.BABY, S/O. CHACKO, NADUKUNNIL VEEDU, PERINGALLOOR, AYOOR. 2. C.AMMINI, D/O. CHACKO, NADUKUNNIL VEEDU, PERINGALLOOR, AYOOR. 3. C.THANKAMMA, D/O. CHACKO, NADUKUNNIL VEEDU, PERINGALLOOR, AYOOR. 4. C.S.KUKNJAMMA, D/O. CHACKO, NADUKUNNIL VEEDU, PERINGALLOOR, AYOOR. 5. C.KUNJAPPAN, D/O. CHACKO, NADUKUNNIL VEEDU, PERINGALLOOR, AYOOR. 6. C.KUNJUMON, S/O. CHACKO, NADUKUNNIL VEEDU, PERINGALLOOR, AYOOR. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.V.JACOB, PERUMBRAYIL, EZHIYAM P.O., AYOOR. 2. GEORGEKUTTY, S/O. JOSE, KARUVELIL VEEDU, FILGIRI, KOTTUKKAL, ANCHAL. 3. M/S. UNITED INDIA INSURANCE CO. LTD., PUNALUR. ADV. SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1104 of 2004 -------------------------------------- Dated this the 11th day of November, 2008. JUDGMENT Koshy, J. A 70 year old man sustained fatal injuries in a motor vehicle accident on 16.1.2000 and succumbed to it on the same day. The appellants filed claim for a compensation of Rs.2 lakhs. Tribunal has fixed Rs.1,250/- as the notional monthly income and taken five as the multiplier. Therefore, the compensation granted by the Tribunal for the death and loss of dependency was Rs. 50,000/-. It is the case of the appellants/claimants that the deceased was doing business in spices and and was earning Rs.4,500/- per month. But there is no evidence that he was doing business in spices. All the claimants are major sons and daughters. In the facts and circumstances of the case, we are of the opinion that the just and reasonable compensation is awarded by the Tribunal. The appeal therefore, is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks