IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 MACA.No. 1020 of 2004(B) ----------------------- OPMV.2118/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT : ---------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, METRO PLAZA, NORTH RAILWAY STATION ROAD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENTS/2ND RESPONDENT AND PETITIONERS 1 TO 5 ------------------------------------------------------------------- 1. JOHNSON S/O. M.G.LOUIS, MUKKADAYIL HOUSE, NORTH KALOOR, COCHIN. 2. M.G.JOHN, AGED 55 YEARS, MUKKADAYIL HOUSE, NORTH KALOOR, COCHIN. 3. ANNAKUTTY JOHN W/O. M.G.JOHN AGED 51 YEARS, MUKKADAYIL HOUSE, NORTH KALOOR, COCHIN. 4. SIJU JOHN AGED 23 YEARS S/O. M.G.JOHN, MUKKADAYIL HOUSE, NORTH KALOOR, COCHIN. 5. SAIJU JOHN, AGED 21 YEARS S/O. M.G.JOHN, MUKKADAYIL HOUSE, NORTH KALOOR, COCHIN. 6. SIJO JOHN AGED 19 YEARS S/O. M.G.JOHN, MUKKADAYIL HOUSE, NORTH KALOOR, COCHIN. R1 BY ADV. SRI.SAIBY JOSE KIDANGOOR R2 TO R6 BY ADV. SRI.K.S.SAJEEV KUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1020 OF 2004 -------------------------------------------- Dated this the 17th day of December, 2008 JUDGMENT Ramachandran Nair,J. Heard standing counsel appearing for the appellant and counsel appearing for the respondent. Even though counsel for the appellant raised various objections against high multiplicant and multiplier applied, we feel modification is called for in respect of multiplier applied because considering the age of parents the multiplier should be 11 as against 18 applied by MACT. Compensation for loss of dependency even without taking into account the possible marriage of the deceased later in life, will be Rs. 2,64,000/- as against Rs. 4,32,000/- fixed by MACT. Appeal stands allowed in part by reducing the compensation on account of loss of dependency as above. Award on all other points including interest granted by MACT will stand. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2