IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 MACA.No. 1257 of 2004() ----------------------- OPMV.2116/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. ALIAMMA W/O. LATE CHACKO, AGED 48 YEARS, ALAKATHOOTTU HOUSE, POOTHRIKKA P.O., KOLENCHERRY, ERNAKULAM DISTRICT. 2. SAJI JACOB, S/O. LATE CHACKO, AGED 26 YEARS, AKALATHOOTTU HOUSE, POOTHRIKKA P.O., KOLENCHERRY, ERNAKULAM DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): RESPONDENTS: --------------------------- 1. SABU JOSEPH, KIZHAKKENCHERIL HOUSE, THIRUVANKULAM P.O., ERNAKULAM DISTRICT. 2. BABU JOSEPH, KIZHAKKENCHERIL HOUSE, THIRUVANKULAM P.O., ERNAKUALM DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., ERNAKULAM BRANCH NO.1, P.B.NO.2372, DEEPTHI BUILDINGS, PALLIMUKKU. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1257 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2009 JUDGMENT Joseph, J. The appellants are the petitioners in a petition filed under Section 166 of the Motor Vehicles Act. They are the mother and brother of a person, who died as a result of the injuries suffered by him in a motor accident. This appeal is directed against the quantum of compensation awarded. 2. Heard the learned counsel for the appellant and the learned counsel for the third respondent, Insurance Company. 3. The Tribunal has found that the appellant was having an income of Rs.2,500/- and has applied the multiplier 8. For the first two years the contribution was fixed at two-third and for the next six years the contribution was fixed at one-third. M.A.C.A.No. 1257 of 2004 2 4. The learned counsel for the appellant would point out that the age of the mother, viz. the first appellant, is 48 years, which means that the multiplier would have been 13. Here, only 8 has been taken as the multiplier. In the decision in Sarala Verma v. Delhi Transport Corporation (2009 ACJ 1298), the Apex Court took the view that if the dependent is the mother and the person is who died is unmarried, in the absence of evidence the deduction can be fixed at 15%. In such circumstances, we are inclined to accept the case of the appellant that the multiplier has been fixed at 13 instead of 15. In view of the decision in Sarala Verma, the deduction should have been 15%. Applying the same, the appellant is entitled to realise a sum of Rs.95,000/- more. 5. This appeal is accordingly allowed. The appellant is entitled to realise a sum of Rs.95,000/- more with interest at the M.A.C.A.No. 1257 of 2004 3 rate of 7.5% p.a. from the date of the petition till the date of realisation from the respondents. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm