IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 MACA.No. 1716 of 2007 F --------------------------------------------- OPMV.585/2005 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONERS ------------------------------------------- 1. SUBRAMANIAN.V, AGED 50 YEARS, F/O LATE ANILKUMAR, VAZHAYIL HOUSE, P.O.VALAKULAM, PO POOKKIPARAMBA, PIN 676508, MALAPPURAM DISTRICT. 2. PREMALEELA, W/O SUBRAMANIAN, AGED 44 YEARS, VAZHAYIL HOUSE, P.O.VALAKULAM, PO POOKKIPARAMBA, PIN 676508, MALAPPURAM DISTRICT. 3. ATHOSHKUMAR, AGED 24 YEARS, S/O SUBRAMANIAN, VAZHAYIL HOUSE, P.O.VALAKULAM, PO POOKKIPARAMBA, PIN 676508, MALAPPURAM DISTRICT. 4. ANU, AGED 20 YEARS, D/O SUBRAMANYAN, VAZHAYIL HOUSE, P.O.VALAKULAM, PO POOKKIPARAMBA, PIN 676508, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS -------------------------- 1. P.SALIM, S/O HAJI P.KUNHIMOHAMMED, PATTATHIL HOUSE, P.O.CHAMRAVATTAM, TIRUR 676110, MALAPPURAM DISTRICT. 2. JAYAPRAKASAN P.V., S/O APPUNNI P.V., PALLILA VALAPPIL HOUSE, CHAMRAVATTAM, PIN 676110, MALAPPURAM DISTRICT. MACA.NO.1716/07 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CKH BUILDING, TIRUR 676101. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- M.A.C.A.NO. 1716 OF 2007 F --------------------------------------------------- Dated this the 18th August, 2009 JUDGMENT K.M. Joseph, J. Delay is condoned. We take up the Appeal for hearing on consent, as the only question relates to the quantum of compensation. 2. The appellants are father, mother, brother and sister of the deceased. The deceased was a carpenter aged 22. He died as a result of the accident which took place on 03.4.2005. 3. We heard the learned counsel appearing for the appellants and also the learned counsel appearing on behalf of the third respondent Insurance Company. 4. Learned counsel for the appellants would contend that the multiplier taken is only 11 and no amount has been awarded towards loss of love and affection. The tribunal has taken Rs.4,800/= as the monthly income of the deceased and has taken Rs.2,000/= as the contribution to the parents, but has taken only MACA.NO.1716/07 F 2 11 as the multiplier. Of course, the tribunal has taken note of the fact that the deceased was a bachelor and he would have got married. We note that the deceased was 22 years of age. We further notice that going by Smt. Sarla Verma's case (JT 2009 (6) SC 495), the mother is to be treated as dependent and 50 per cent is actually to be deducted. At any rate, it will not be unjust if we take 13 as the multiplier. On that basis, the appellants would be entitled to Rs.3,12,000/= instead of Rs.2,64,000/=. We award Rs.10,000/= towards loss of love and affection. Accordingly, the Appeal is partly allowed and the appellants are allowed to realise a sum of Rs.58,000/= more with interest at 7.5 per cent from the date of the petition ill the date of realisation from the third respondent. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, kbk. JUDGE // True Copy // PS to Judge