IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1137 of 2004() ----------------------- OP(MV).705/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/3RD RESPONDENTS: ---------------------------------------- THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED, NEW DELHI, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, AJAY VIHAR, KOCHI-16. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT(S): --------------- 1. P. DAMODARAN NAIR, S/O. KUNHIRAMAN NAIR, M.K. PALUKKARA HOUSE, KARIMKUTTY P.O., VYTHIRI TALUK, WAYANAD DISTRICT. 2. P.K. PADMAVATHI AMMA, W/O. DAMODARAN NAIR, DO. DO. 3. P. RAMESHKUMAR, S/O. P. DAMODARAN NAIR, DO. DO. 4. P. SURESHKUMAR, S/O. P. DAMODARAN NAIR, DO. DO. 5. P. BINDU, D/O. P. DAMODARAN NAIR, DO. DO. ADV. SRI.P.RAMAKRISHNAN FOR R1 TO R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO. 2556 OF 2004 IN M.A.C.A. NO. 1137 OF 2004 DISMISSED SD/- C.N.RAMACHANDRAN NAIR, JUDGE SD/- HARUN-UL-RASHID, JUDGE 12.11.2008 C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.1137 of 2004 ----------------------------------------- Dated this the 12th day of November , 2008 JUDGMENT Ramachandran Nair .J, Heard senior counsel appearing for the appellant and counsel appearing for the respondents. The main ground raised by the appellant is that the multiplier applied by the M.A.C.T at 12 is incorrect because according to the appellant the average age of the 1st and 2nd claimant is 55. However, we feel since the deceased had left his parents, the multiplier can be adopted with reference to the age of the mother of the deceased. Admittedly this is 11 .So the multiplier as 12, adopted by the M.A.C.T. is incorrect. We do not find force in the argument of the appellant that the monthly income adopted is not acceptable, because in the course of taking evidence the claimants have produced the salary certificate of the deceased before the M.A.C.T. . We are of the view that since the deceased was an officer in the Indian Army, there is nothing to disbelieve about the genuineness of the salary certificate which shows that the deceased has drawn salary of Rs.7,980/- in the year 1997. In the above said circumstances, no other modifications are required to the award . This appeal stands allowed by reducing the compensation awarded for loss of dependency by Rs. 63,840/- and proportional interest thereon. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A No. 1137 of 2004 ---------------------------- JUDGMENT 12th November, 2008