IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MFA.No. 182 of 2003(D) ---------------------- OPMV.1154/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS:PETITIONERS IN OP(MV): ----------------------------------------------------------- 1. MARY GEORGE W/O. GEORGE. 2. GIFTY GEORGE (MINOR), AGED 17 YEARS, REP. BY NEXT FRIEND-GUARDIAN MOTHER MARY GEORGE-1ST APPELLANT 3. KOCHU PYLO, 4. MARY, W/O. KOCHU PYLO. THE APPELLANTS ARE RESIDING AT PALLIPPADAN HOUSE, NEAR MATHA THEATRE,KORATTY P.O., MUKUNDAPURAM, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------ 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, FORT, TRIVANDRUM. 2. KUNJINKUTTY S/O. SULAIMAN, PUTHANPURACKAL HOUSE, PANNIYANKARA, KOZHIKODE. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & V.K.Mohanan, JJ. -------------------------------------- M.F.A. No.182 of 2003 --------------------------------------- Dated this the 7th day of October, 2008 Judgment Koshy,J. Husband of the first appellant died at the age of 30 in a motor accident due to the negligence of the driver of the vehicle owned by the first respondent KSRTC. Rs.5,00,000/= was claimed as compensation. Award was passed for Rs.3,11,048/- with interest and proportionate cost. Only quantum of compensation is disputed in this appeal. 2. Deceased was aged 30 at the time of accident. 17 was taken as the multiplier taking guidance from the second schedule. No interference is required in the multiplier taken by the Tribunal. It is stated that the deceased was getting Rs.2,117/- as monthly income. A salary certificate was also produced. The Tribunal accepted his monthly as Rs.2,117/-. One-third was deducted and compensation was calculated. It is the contention of the appellants that future prospects were not considered by the Tribunal. There is no evidence regarding future prospects and M.F.A.No.182/2003 2 considering the total amount grated, we are of the opinion that no enhancement is required as just and reasonable amount is awarded. Appeal is dismissed. J.B.Koshy Judge V.K.Mohanan Judge vaa M.F.A.No.182/2003 3 J.B. KOSHY AND V.K.Mohanan,JJ. ------------------------------------- M.F.A. No.182/2003 ------------------------------------- Judgment Date:7th October,2008