IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 MACA.No. 587 of 2009() ---------------------- AWARD DT.24.06.2008 OF THE 2ND ADDITIONAL M.A.C.T, KOZHIKODE IN O.P(M.V) NO.2638 OF 1999 ..................... APPELLANTS: PETITIONERS ------------------------- 1. T.MOHAMMED, AGED 42 YEARS, S/O. LATE PATHUMMAI. 2. T.HAMEED, AGED 37 YEARS, S/O. LATE PATHUMMAI. 3. T.MOIDEEN, AGED 35 YEARS, S/O. LATE PATHUMMAI. 4. T.SAKEER, AGED 34 YEARS, S/O. LATE PATHUMMAI. 5. T.RAZAK, AGED 32 YEARS, S/O. LATE PATHUMMAI. 6. T.SALEEM, AGED 29 YEARS, S/O. LATE PATHUMMAI. 7. T.SHAFI, AGED 25 YEARS S/O. LATE PATHUMMAI. ALL THE APPELLANTS ARE RESIDING AT THAZHATHERI PARUTHIPARA, P.O.FAROOKE COLLEGE KOZHIKODE 673 632. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): --------------- 1. P.MOHAMMED, S/O.FAHAMMED KOYA VATTAPARAMBIL ZAIMUNA MANZIL, P.O.NALLALAM, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO LTD DIVISIONAL OFFICE, KALLAI ROAD, KOZHIKODE. 3. M.AHAMMED KUTTY, S/O.ABDURAHIMAN KUTTY MUPPATTA HOUSE, P.O.IRUVALLOOR, CHELANNUR KOZHIKODE DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A No.587 of 2009 ------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT BASANT, J. Claimants before the Tribunal are the appellants before us. They are the children of a deceased person aged about 63 years who suffered injuries in an accident which occurred on 14.02.1998 and succumbed to the injuries on the same day. Deceased, a woman, was employed as a coolie and it was claimed that her income was Rs.100/- per day. Altogether there are 7 claimants, aged 25 to 42 years. Exts.A1 to A4 were produced before the Tribunal. The Tribunal on an anxious consideration of all the relevant inputs awarded a total amount of Rs.1,04,000/- as compensation along with interest @ 7% per annum from the date of the petition. 2. The appellants are aggrieved by the impugned award. Called upon to explain the nature of the challenge which the appellants want to mount against the impugned award, the learned counsel for the appellants contends that the multiplicand adopted by the Tribunal - Rs.1,900/- per mensem is too meager M.A.C.A No.587 of 2009 2 and inadequate. A higher amount of multiplicand would have been adopted, contends the learned counsel for the appellants. The Tribunal awarded an amount of Rs.76,000/- under the head of loss of dependency. In addition, Rs.15,000/- was awarded as compensation for pain and suffering; Rs.10,000/- for loss of love and affection; Rs.2,000/- towards funeral expenses and Rs.1,000/- towards transport to hospital. 3. The learned counsel for the appellants contends that the Tribunal erred in accepting the monthly income only at Rs.1,900/- only. The multiplier was correctly reckoned at 5 by the Tribunal. 4. We have rendered our anxious consideration to the disputes raised. The Tribunal accepted Rs.1,900/- as the monthly income of a person - a woman aged 63 years employed as a coolie in the year 1998. In the absence of any better evidence, we are not persuaded to agree that the amount awarded is in any way inadequate. It is not disputed that the appellants have been granted compensation in excess of the maximum that would have been payable under Section 163 A of the Motor Vehicles Act if the monthly income is reckoned at Rs.1,900/-. M.A.C.A No.587 of 2009 3 5. We take note of the fact that the deceased was a coolie, aged 63 years. Even on the claim of the appellant, the daily income of the deceased was Rs.100/-, it would be idle to expect such a person to be employed in all the days of a month. In any view of the matter, the monthly income of Rs.1,900/- reckoned by the Tribunal is found to be reasonable, fair and just. The impugned award does not warrant appellate interference. 6. This appeal is accordingly dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-