IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 MACA.No. 818 of 2006 OPMV.867/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT UNITED INDIA INSURANCE CO. LTD., KANNUR BRANCH, REP. BY THE ASSISTANT MANAGER, OFFICE OF THE REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENT(S): PETITIONER 1. V.J.JOHN, S/O.THOMAS, AGED 46 YEARS, VADAKKEPARAMBIL, NALLOMPUZHA, KANNIVAYAL.P.O, CHITTARIKKAL VILLAGE. 2. MARY JOHN, W/O.JOHN AND D/O.VARGHESE, AGED 45 YEARS, VADAKKEPARAMBIL, NALLOMPUZHA, KANNIVAYAL.P.O, CHITTARIKKAL VILLAGE. 3. JUBY JOHN, D/O.JOHN, AGED 21 YEARS, VADAKKEPARAMBIL, NALLOMPUZHA, KANNIVAYAL.P.O, CHITTARIKKAL VILLAGE. 4. PUTHIYAPARAMBATH ABDUL RAZAKH, AGED 45 YEARS, S/O.MOIDU, FAROOKH MANZIL, P.O.MUZHAPPILANGAD, KANNUR DISTRICT. 5. M.MANI, W/O.NARAYANAN, AGED 45 YEARS, OWNER, SUJATHA TRANSPORT, TELLICHERRY ROAD, KANNUR DISTRICT. ADV. SRI.T.K.VIPINDAS FOR R1 TO 3 SRI.K.V.SREE VINAYAKAN FOR R1 TO 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, ALONG WITH MACA NO.668 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. Nos.818/2006 & 668/2008 .................................................................... Dated this the 4th day of June, 2009. JUDGMENT Ramachandran Nair, J. Both the appeals arise from the very same award passed by the MACT granting compensation to the parents and sister of a person who died in an accident caused by a Bus while he was walking on the road. We have heard counsel appearing for the Insurance Company and counsel appearing for the claimants and have gone through the award. 2. Eventhough technically the contention of the Insurance Company that the multiplier adopted at 18 is wrong because deceased being unmarried, multiplier should have been based on the age of the parents, we feel that the reduction in multiplier will not help the Insurance Company in reducing the compensation since the claimant's case for enhancement of income and denial of compensation for pain and suffering and for loss of love and affection merits consideration. Since the total compensation awarded in absolute terms for the death of a 26 year old person at Rs.2,63,700/- is quite reasonable, we dismiss 2 the appeal filed by the Insurance Company as well as the appeal filed by the claimants for enhancement. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms