IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 MACA.No. 1756 of 2007(G) ----------------------- OPMV.3331/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/PETITIONERS 2 TO 7 ------------------------------------------- 1. VEERAMMAL, AGED 62 YEARS, W/O.LATE PONNAYYA, JAYAMANDIRAM, KHAJANAPPARA P.O., KUMBAPPARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 683 619. 2. P.RAVI, AGED 43 YEARS, S/O.LATE PONNAYYA, JAYAMANDIRAM, KHAJANAPPARA P.O., KUMBAPPARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685 619. 3. P.KUBENDRAN, AGED 40 YEARS, DOOR NO.5/20, BENGARNAYAKAR STREET, KUVYAWARPALAYAM, BODINAYAKANNOOR, THENI DISTRICT, TAMIL NADU. 4. MALARKODI, AGED 37 YEARS, W/O CHANDRAN, BENGARINAYAKAR STREET, KUVYAWARPALAYAM, BODINAYAKANNOOR, THENI DISTRICT. 5. MAHESWARI, AGED 35 YEARS, W/O RAJANAGAM, PERIYANDAVARKOI ROAD, NEAR SREENIVAS HOSPITAL, BODINAYAKANNOOR, THENI DISTRICT. 6. P.BOTHURAJ, AGED 33 YEARS, S/O.PONNAYYA, JAYAMANDIRAM, KHAJANAPPARA P.O., KUMBAPPARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685 619. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.ANILA PETER MACA.No. 1756 of 2007(G) RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. MR.S.CHANDRAN, S/O.SEENI THEVAR, 85-KULAYANNOOR, THENI DISTRICT, BODINAYAKANNOOR TALUK, TAMIL NADU. 2. GUNASEKHARAN, S/O.PERIYAKARPPA THEVAR, MELE STREET-85, KULAYANNOOR VILLAGE, BODINAYAKANNOOR TALUK, THENI DISTRICT, TAMIL NADU. 3. THE NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER BODINAYAKANNOOR BRANCH, 24 KAMARAJ BAZAR, BODINAYAKANNOOR, PIN - 625 513. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/7/2009, THE COURT ON 27/07/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 1756 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th Day of July , 2009. JUDGMENT K. M. Joseph J. The appellants are the mother and siblings of the deceased. They are the petitioners 2 to 7 in the Claim petition filed under Section 166 of the Motor Vehicles Act. The first petitioner was the husband of the first appellant and father of the deceased. The accident took place on 5.10.1999. The deceased was employed as a cleaner. The Tribunal has awarded a sum of Rs.1,48,000/- which includes an amount of Rs.1,17,500/- awarded towards loss of dependency. For arriving the same, the Tribunal has taken 8 as multiplier, on the basis that the first petitioner/ father was aged 57 years. 2. We heard the learned counsel for appellant. Though served, there is no appearance for the Insurance Company. 3. Learned counsel for the appellant would contend that the Tribunal should not have taken 8 as multiplier and average age of the first petitioner, who died during the pend ency of the petition, and first M.A.C.A . NO: 1756 OF 2007 :2: appellant should have taken. Thus, 11 should have been taken as the multiplier. Even 11 is taken, for which there may be warrant going by the decision of Sarla Verma & Others Vs. Delhi Transport Corpn. and another (2009 ACJ 1298), as first appellant/ mother who can be taken as dependent even otherwise was aged 54 years and for which going by para 21 of the judgment in Sarla Verma (Supra) the multiplier has to be fixed at 14 and the amount will be Rs.1,32,000/-. However, we notice that the appellant has already been awarded Rs.10,000/- towards loss of pain and suffering and Rs.15,000/- towards loss of estate. Even if we take 11 as multiplier in place of multiplier 8, the appellants are not entitled to get any amount than already awarded by the Tribunal. Accordingly this appeal fails and is dismissed. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/