IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 1723 of 2008 --------------------------------- O.P(MV).NO.13/2000 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER IN O.P. (M.V): --------------------------------------------------------- 1. PADMANABHAN VAIDAYAR (DIED) S/O.KRISHNAN VAIDAYAR AGED 60 YEARS, (FATHER OF DECEASED) 2. SOUMINI, W/O.PADMANABHAN VAIDYAR, AGED 55 YEARS,(MOTHER OF DECEASED) 3. BALAKRISHNAN, S/O.PADMANABHAN VAIDYAR, 47 YEARS,(BROTHER OF THE DECEASED) 4. VIJAYAN, S/O.PADMANABHAN VAIDYAR, AGED 42 YEARS,(BROTHER OF THE DECEASED) 5. ANIL KUMAR, S/O.PADMANABHAN VAIDYAR, AGED 33 YEARS, (BROTHER OF THE DECEASED) 6. RADHA, D/O.PADMANABHAN VAIDYAR, AGED 45 YEARS, (SISTER OF THE DECEASED) 7. SALEELA, D/O.PADMANABHAN VAIDYAR, AGED 40 YEARS, (SISTER OF THE DECEASED) 8. SHEEBA, D/O.PADMANABHAN VAIDYAR, AGED 31 YEARS, (SISTER OF THE DECEASED) ALL ARE RESIDING AT VATTAKKANDI HOUSE PO.KURUNATTOOR, VIA.KOKKODI, CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN, ADV. SMT.LATHA PRABHAKARAN M.A.C.A. NO. 1723/2008-G: RESPONDENTS/ RESPONDENTS IN O.P. (M.V): ------------------------------------------------------------------ 1. N.K.HAMEED, NIRKKOOLIL HOUSE, PO.NADAPURAM, CALICUT. 2. MUJEEBRAHIMAN, S/O.ASSANKUTTY PUTHOOR NEETHAL HOUSE, PO.KARAYATTU VIA., MEPPAYUR , CALICUT. 3. THE NEW INDIA INSURANCE CO.LTD., TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1723 OF 2008 ------------------------------------- Dated 26th August, 2008 JUDGMENT Koshy,J . A youngster aged 22 years died in a motor accident. At the time of death, his father was aged 60 and mother was aged above 55. His father died during the course of trial. All the brothers and sisters are elder to the deceased. The eldest brother was aged 47 years at the time of the accident. So, mother must be aged more than 60 years. But, considering the age of the mother as above 55, the Tribunal has taken 8 as the multiplier. We are not interfering with the multiplier fixed by the Tribunal in an appeal filed by the claimants. According to the claimants, the deceased was a coolie. In the absence of any material, the Tribunal fixed Rs.18,000/= as the annual notional income. One third was deducted and compensation was calculated. The Tribunal found that only the mother was the dependent and all brothers and sisters who were elders were not dependents on the deceased and the mother also will get support from the other brothers and sisters. No medical bills were produced. The Tribunal awarded Rs.5,000/= for hospitalisation and medical expenses. We are of the opinion that just and reasonable MACA.1723/2008 2 compensation was awarded by the Tribunal and considering the facts and circumstances of the case no interference is required. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks