IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 MACA.No. 1021 of 2007() ----------------------- OPMV.3053/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT : 3RD RESPONDENT IN OP(MV) NO.3053/1999: ------------------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, COCHIN-35, REPRESENTED BY ITS ASSISTANT MANAGER, KOCHI REGIONAL OFFICE, P.B.NO.3235, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI 682 035. BY ADV. SRI.LAL GEORGE RESPONDENTS: PETITIONERS & RESPONDENTS 1,2 & 4 IN OP(MV) 3053/1999: --------------------------------------------------------- 1. RAMESHAN, AGED 58 YEARS, S/O. KRISHNAN, RESIDING AT DOOR NO.21/23, KALAPURACKAL HOUSE, PERULMPADAPPU, COCHIN-6. 2. SUBHADRA, AGED 50 YEARS, W/O.RAMESHAN, RESIDING AT DOOR NO.21/23, KALAPURACKAL HOUSE, PERUMPADAPPU, COCHIN-6. 3. KALA, AGED 26 YEARS, D/O.RAMESHAN, RESIDING AT DOOR NO.21/23, KALAPURACKAL HOUSE, PERUMPADAPPU, COCHIN-6. 4. ASHA, AGED 24 YEARS, D/O. RAMESHAN, RESIDING AT DOOR NO.21/23, KALAPURACKAL HOUSE, PERUMPADAPPU, COCHIN-6. 5. RAJESH, AGED 22 YEARS, S/O.RAMESHAN, RESIDING AT DOOR NO.21/23, KALAPURACKAL HOUSE, PERUMPADAPPU, COCHIN-6. 6. THENMOZHI, MAGHIZ STREET, MUTHIALPET, PONDICHERRY. MACA 1021/07 7. A.KUPPAN, C/O. THENMOZHI, MAGHIZ STREET, MUTHIALPET, PONDICHERRY. 8. V.V.PRADEEP KUMAR, THUNDIPARAMBIL HOUSE, COCHIN-6. BY ADV. SRI.R.SUDHISH SMT.M.MANJU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------------------- M.A.C.A.NO.1021 of 2007 ------------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT KOSHY, J. The first respondent insurance company is challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal. Father and mother along with the brothers of motor accident victim filed an application for compensation of Rs.5,00,000/-. Total amount awarded was Rs.2,32,500/- with interest. 2. The main contention of the appellant is that the multiplier fixed by the Tribunal is 17. At the time of accident, the age of the father was 58 and mother was 50. Considering the age of claimants going by the second schedule, only 11 can be fixed as the multiplier. We agree with the above contention as the motor accident victim is unmarried, age of the claimants has to be looked into. But in this case, admittedly he was a lorry driver. Accident occurred by the negligent driving of the vehicle insured by the appellant company. 3. Tribunal has fixed only Rs.2,000/- as the monthly income. The accident occurred in the year 1999. A lorry driver MACA 1021/2007 2 having a valid license will get more than Rs.100/- per day. We will take at least 24 to 26 days work. Even if he get Rs.2,400/- per month, after deducting 1/3rd for personal expenses his monthly income will be Rs.1,600/-. If 11 is the multiplier, compensation payable for the loss of dependency is Rs.2,11,200/-. Tribunal has calculated only Rs.1,92,000/- by fixing the monthly income as Rs.2,000/-. Then deducting 1/3rd and again deducted 1/3rd and then multiplying it with 17. If the compensation is calculated as per the guidelines in the 2nd schedule, but taking the age of parents for fixing multiplier, compensation payable is Rs.2,11,200/- whereas the Tribunal has granted only Rs.1,92,000/- for loss of dependency and family contribution. Since the claimants did not file an appeal, we are not enhancing amount awarded. Further we are of the opinion that the total amount awarded is just and reasonable. Hence, the appeal filed by the Insurance Company is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE csl