IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 MACA.No. 1567 of 2006 -------------------------------------- OPMV.287/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANTS/PETITIONERS: 1. E.NARAYANI AMMA, AGED 69 YEARS, W/O. E.KUNHIRAMAN NAIR, RESIDING AT BAYACHANADKAM HOUSE, P.O.KODOTH, KODOM VILLAGE. 2. K.KUMARI, AGED 52, W/O LATE KUNHIKELU NAIR, RESIDING AT BAYACHANADKAM HOUSE, P.O.KODOTH, KODOM VILLAGE. BY ADV. SRI.M.SASINDRAN RESPONDENTS/RESPONDENTS: 1. BALAKRISHNA RAI, AGED 30, S/O. VITTAL RAI, VITTALA, RESIDING AT CHANILA, PUNACH VILLAGE, BANTWAL TALUK. 2. PRAKASH SHENOY, S/O. DEVARAYA SHENOY, PRAGATHI ENTERPRISES, KADRI, MANGALORE, RESIDING AT NEAR SHRINIDHI PETROL BUNK, KOKKARAKALLU, MULKI, MANGALORE. 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, MANGALORE, RAN BHAVAN COMPLEX, KODIALBAIL, MANGALORE. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.1567 of 2006 --------------------------------- JUDGMENT Koshy, J. This appeal is filed by the mother and sister of a motor accident victim, who sustained fatal injuries in a motor accident occurred on 26.6.2001. The motor accident victim was unmarried and was aged 39. The Tribunal awarded a compensation of Rs.1,65,500/-. The major contention raised by the appellants is that fixation of notional income at Rs.1,500/- per month is too low. No evidence was adduced to show his income. By producing partition deed, it was argued that he was having three ares of land and he was having agricultural income. The property is actually for legal heirs even after his death. The Tribunal has fixed 13 as the multiplier. The first appellant, the mother of the deceased, was aged more than 65 years. The second appellant is only his sister, aged 48. Considering the age of the mother, the Tribunal should have fixed only 5 MACA 1567/06 2 as the multiplier taking guidelines from the II schedule. It has been repeatedly held by the Apex court that in the case of unmarried motor accident victims, the age of the claimants has to be taken for calculating the compensation. The age of the mother was taken into account by the Tribunal. 5 is the apt multiplier. Even if Rs.3,000/- is taken as the monthly income, award amount is excessive, as the Tribunal has taken 13 as the multiplier. Considering the total amount awarded and considering the age of the mother, we see no ground to interfere with the award. The appeal is dismissed. (J.B.Koshy, Judge) 24th September, 2008 (K.P.Balachandran, Judge) tkv