IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 230 of 2006() ---------------------- OPMV.392/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT/3RD RESPONDENT: --------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED KOLLAM NOW REPRESENTED BY ITS ASSISTANT MANAGESR, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT(S): CLAIMANTS: ------------------------- 1. BHAVANI AMMA, KALLANVILA VEEDU, KAIPPATUMUKKU, CHITTATTINKARA, AVANAVANCHERRY. 2. SUKUMARAN NAIR, S/O. BHAVANI AMMA, DO. DO. 3. RAVEENDRAN NAIR, S/O. BHAVANI AMMA, DO. DO. 4. SREEDEVI AMMA, D/O. BHAVANI AMMA, DO. DO. 5. VASANTHAKUMARI AMMA, D/O.BHAVANI AMMA, DO. DO. 6. USHA, D/O. BHAVANI AMMA, DO. DO. BY ADV. SRI.M.DINESH FOR R1,2,4 TO 6 SRI.BASANT BALAJI FOR R1,2,4 TO 6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 230 OF 2006 -------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair,J. Heard standing counsel for the appellant, and counsel for the respondents. Senior counsel appearing for the appellant contended that the multiplier adopted with reference to the age of the deceased is not correct. We find that the contention of the appellant is tenable because going by the age of the first respondent who is the legitimate claimant for the compensation, the multiplier should have been only five as against 16 applied by the MACT with reference to the age of the deceased. Counsel for the respondents contended that income fixed is very low and besides this compensation awarded for loss of love and affection for the mother and for the unmarried sisters is too low. We find force in this contention also. In view of the steady increase in wages and since the deceased died on 1.3.2001, we refix the net income after personal expenses at Rs. 3000/-. Applying the correct multiplier 2 of five, the compensation for loss of dependency will be Rs. 1,80,000/- as against Rs. 2,68,800/- granted by the MACT. However for loss of love and affection, we increase the compensation by another Rs. 20,000/-, because the deceased was unmarried and on him the first respondent and his unmarried sisters depended. Appeal will stand allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3