IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 MFA.No. 108 of 2002(C) --------------------------------- OPMV.629/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT /3RD RESPONDENT: -------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, KOCHI-11. BY ADV. SRI.MATHEWS JACOB RESPONDENTS/PETITIONRS: ------------------------ 1. CHELLAMMA KUTTAN, THUNCHIPARAMBIL, ARUVITHURA, EERATTUPETTA. 2. LEELA T.K., DO. DO. 3. RADHAMANI T.K., DO. DO. 4. SANTHAMMA T.K., DO. DO. 5. KRISHNANKUTTY T.K., DO. DO. 6. SANTHOSH T.K., DO. DO. 7. RAJU. C.K., DO. DO. ( NO RELIEFS ARE CLAIMED AGAINST THE RESPONDENTS 1 AND 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL BY ADV. SRI.MATHEW JOHN (K) - R1, E2 & R4 TO R7 SRI.BABY THOMAS THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.108 OF 2002 () ----------------------------------- Dated this the 8th day of February, 2008 J U D G M E N T KOSHY,J. Appellant, Insurance company, filed this appeal questioning the quantum of compensation awarded in O.P. (MV).No.629/1997 on the file of the Motor Accidents Claims Tribunal, Pala. Claim petition was filed by the wife of the deceased and six children contending that the deceased was only the sole bread winner of the family getting Rs.150/- per day. He was maintaining a large family. To prove this, Ext.A6 certificate was produced. PW1 wife of the deceased deposed that he was aged 53 years at the time of accident. Tribunal calculated Rs.3,000/- as the monthly income and after deducting 1/3 rd for personal expenses, Rs.2,000/- was taken as the monthly income and awarded compensation taking 11 as the multiplier. Compensation awarded for loss of dependency was Rs.1,76,000/-. Contention of the petitioner was that 11 MFA.108/02 2 taken as multiplier was very high as in the post mortem report, the age was shown as 60. In the F.I.R also, age was shown as 60 and for persons between the age group of 55 and 60, 8 is the apt multiplier. Even if 8 is taken as the multiplier, compensation payable will be Rs.1,92,000/- (Rs.2,000 x 12 x 8). But tribunal has granted only a lesser amount and after deducting 1/ 3 rd from the total income, tribunal calculated compensation and again deducted 1/ 3 rd for calculating compensation. But claimants did not file any appeal. There is no merit in the appeal filed by the Insurance company. Therefore, appeal is dismissed with costs. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.108 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 8th February, 2008