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 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 325 of 2003() ---------------------- OPMV.2324/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANTS-PETITIONERS: ---------------------------------- 1. NASEEMA W/O LATE MUHAMMADALI ALI BHAVAN, PAROLICKAL, ATHIRAMPUZHA P.O., KOTTAYAM. 2. BISMI (MINOR) D/O. LATE MUHAMMADALI, DO. DO. 3. RAHMAN (MINOR) S/O. DO. DO. 4. A.A.ISMALAMMA ALI BHAVAN, PAROLICKAL, ATHIRAMPUZHA P.O., KOTTAYAM. 5. P.A.MUHAMMED HANEEFA, SUJAS MANZIL VELOOR P.O., KOTTAYAM. (MINOR APPELLANTS 2 AND 3 REPRESENTED BY THEIR GUARDIAN, APPELLANT NO.1) BY ADV. SRI.MATHEW JOHN (K) RESPONDENTS: RESPONDENTS ------------------------ 1. JAISON JOSEPH, THEKKENU HOUSE, NEELESWARAM P.O., KALADY. 2. THOMAS S/O. PAPPU, KONOORAN HOUSE, NEEESWARAM P.O., KALADY. 3. ORIENTAL INSURANCE CO.LTD., ANGAMALI. BY ADV. SRI.ANCHAL C.VIJAYAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & THOMAS P. JOSEPH,JJ. ------------------------------------------- M.A.C.A.NO.325 OF 2003-B ------------------------------------------ Dated this the 1st day of September, 2008. JUDGMENT Koshy, J: Husband of the first appellant sustained fatal injuries in an accident on 4.7.1997. According to the claimants, he was a T.V and Radio Mechanic. He was also managing a shop and from there also he was getting Rs.4,000/= as monthly income. The Tribunal in absence of clear evidence fixed Rs.3,000/= as his monthly income and after deducting one third for his personal expenses, fixed Rs.24,000/= as his annual income. The Tribunal also found that at the time of his death, he was aged 42 years. So, taking guidance from the second schedule, 15 is the apt multiplier for calculating compensation. In our opinion, the compensation granted by the tribunal is just and reasonable. We see no ground to interfere with the same. Accordingly, the appeal is dismissed. J.B. KOSHY, JUDGE. THOMAS P. JOSEPH, JUDGE. cl . 2 J.B. KOSHY & THOMAS P. JOSEPH,JJ. M.A.C.A.NO.325 OF 2003-B JUDGMENT 1st September, 2008. . 3