IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 1486 of 2008 ----------------------- OPMV.1180/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANTS --------------------------- 1. KAMALADEVI, AGED 82 YEARS, W/O.LATE APPU, PACHAKKIL HOUSE, `HAROMA' NELLIKODE P.O., KOZHIKODE-16. 2. RATHNAM.P., AGED 51 YEARS, W/O.DECEASED HARIDASAN.P., PACHAKKIL HOUSE, `HAROMA' NELLIKODE P.O., KOZHIKODE-16. 3. RAKESH.P., AGED 18 YEARS, S/O.DECEASED HARIDASAN.P., PACHAKKIL HOUSE, `HAROMA' NELLIKODE P.O., KOZHIKODE-16. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: RESPONDENTS ----------------------------------- 1. MR.MAJEED, S/O.BICHAMU, 1/939-D, WEST HILL (PO), KOZHIKODE-5. 2. THE UNITED INDIA INSURANCE COMPANY LIMITED, CITY BRANCH-1, RAMEEZ ARCADE, C.H.FLY OVER JUNCTION, CHEROOTTY ROAD, CALICUT-673 032. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. -------------------------------------------------------------- M.A.C.A. No 1486 of 2008 --------------------------------------------------------------- Dated this the 7th August 2008 JUDGMENT Koshy,J. Appellants are legal representatives of a pillion rider who succumbed to the injuries in an accident on 24.02.2003. The deceased was 55 years old at the time of accident. Tribunal found that pillion rider was not covered under the policy and directed the owner to pay the amount of compensation. The total amount of compensation awarded was Rs 2,33,000/- with interest at 7% from the date of application till deposit. We are of the view, just and reasonable compensation was awarded by the Tribunal. Even though it was contended before the Tribunal that the deceased was a mechanic and was earning Rs 6,000/- per month, in the absence of any positive evidence in that behalf Tribunal fixed the monthly income at Rs 2,500/-. Similarly, even though deceased was aged 55 years, 11 was adopted as the multiplier for calculating the compensation. We are of the opinion that just and reasonable MACA 1486/08 2 compensation was awarded. No interference is called for. The appeal is dismissed. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 08/08/2008 en [true copy]