IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 MACA.No. 712 of 2008() --------------------------------- OPMV.414/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANTS/PETITIONERS IN OP(MV): ---------------------- 1. KARUPPASWAMY GOWDER, AGED 65 YEARS, S/O. KUPPUSWAMY GOWDER, KARATTUPALAYAM HOUSE, PATIYOOR P.O., KANGEYAM (VIA), ERODE DISTRICT, TAMILNADU. 2. SARASWATHY, AGED 60 YEARS, W/O. KARUPPASWAMI GOWDER, KARATTUPALAYAM HOUSE, PATIYOOR P.O., KANGEYAM (VIA), ERODE DISTRICT, TAMILNADU. 3. K. SUBRAMANI, AGED 30, S/O. KARUPPASWAMI GOWDER,KARATTUPALAYAM HOUSE, PATIYOOR P.O., KANGEYAM (VIA), ERODE DISTRICT, TAMILNADU. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. ABOOBACKER, S/O. ABBAS, KURIKKALAMPARAMB HOUSE, KUNNAMANGALAM P.O., MATTANCHERRY, KOZHIKODE. 2. THE MANAGING DIRECTOR, AGHIN ROAD WAYS, 37/5, MOOLAKADAVU,PANDAKKAL MAHE. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., RAMANATHAPURAM, TRICHY ROAD, COIMBATORE-45. BY ADV. SRI.CIBI THOMAS FOR R1 & 2 SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.889/2008 IN M.A.C.A. NO.712/2008 DISMISSED 25.08.2008 SD/- J.B.KOSHY, JUDGE SD/- THOMAS P.JOSEPH, JUDGE /TRUE COPY/ P.S. TO JUDGE tss J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.A.C.A. No.712 of 2008 --------------------------------------- Dated this the 25th day of August, 2008 Judgment Koshy,J. Son of the first two appellants died in a motor accident. The father, mother and brother of the deceased claimed compensation alleging negligence on the driver of the vehicle insured by the third respondent insurance company. The Tribunal awarded a total compensation of Rs.2,12,000/- and directed the insurance company to deposit the amount. The only dispute raised by the claimants is regarding the quantum of compensation. According to the appellants, deceased was aged 27 years and, therefore, 18 should have been taken as the multiplier. The Tribunal has taken 8 as the multiplier. Father of the deceased was aged 60 and the mother was aged 55. If father's age is taken, only 5 would have been the multiplier, but, the Tribunal has taken the mother's age and took 8 as the multiplier. According to the claimants, the deceased was earning Rs.5,000/- per month, but, the salary certificate produced was not proved properly. In the absence of any clear evidence, the Tribunal has taken Rs.3,000/- as the M.A.C.A.No.712/2008 2 monthly income and after deducting one-third, Rs.2,000/- was taken as the multiplicand and compensation was calculated. We are of the view that just and reasonable compensation was awarded by the Tribunal and no interference is required. Therefore, the appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.712/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A. No.712/2008 ------------------------------------- Judgment Dated:25th August, 2008