IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 MACA.No. 274 of 2008() ---------------------- OPMV.1422/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANTS/PETITIONERS: --------------------------------------- 1. P.N.SUKUMARA PANICKER, AGED 65 YEARS, ATTETHU VEEDU, KIZHAKKEKKARA NORTH MURI, THRIKKUNNAPPUZHA VILLAGE, KARTHIKAPPALLY TALUK. 2. VIJAYAMMA, AGED 60 YEARS, W/O.SUKUMARA PANICKER, ATTETHU VEEDU, KIZHAKKEKARA NORTH MURI, THRIKKUNNAPPUZHA VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. ANDREWS, S/O.RAPHAEL, VELIKKAKATHU VEETTIL, WARD NO.VII, MUNICIPALITY, CHERTHALA EAST. 2. KERALA STATE ROAD TRANSPORT CORPORATION LTD., REPRESENTED BY IT'S MANAGING DIRECTOR, THIRUVANANTHAPURAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ------------------------------- M.A.C.A.NO.274 OF 2008 (F) ----------------------------------- Dated this the 18th day of February, 2008 J U D G M E N T KOSHY,J. The son of the appellants died in a motor accident and they claimed compensation contending that driver of the bus owned by the Kerala State Road Transport Corporation, 2nd respondent is responsible for the accident. An amount of Rs.5,00,000/- was claimed. Deceased was driving a motor cycle. According to the claimants, he was 20 years old. According to the post mortem certificate, he was 27 years old. He was an unmarried person. The contention of the claimants that accident occurred due to the negligence of the driver of the K.S.R.T.C.Bus was accepted by the tribunal. But total compensation awarded was only Rs.3,52,750/- with interest from the date of application till realisation. He has passed the Pharmacy course. But he was umemployed at the time of death. Even though notional monthly income of Rs.5,000/- was M.A.C.A.274/08 2 claimed, tribunal fixed only Rs.3,000/-. Under the 2nd schedule, notional income of a non-earning person is Rs.1,250/- per month (Rs.15,000/- per annum). But considering the educational qualifications, tribunal has fixed Rs.3,000/-. Considering the age of the father (65 years) and mother (60 years), tribunal fixed 12 as the multiplier and calculated compensation. We are of the view that just and reasonable compensation was awarded and no interference is required in the appeal proceedings. Hence this appeal is dismissed. J.B.KOSHY, JUDGE K.T.SANKARAN, JUDGE prp J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 3rd December, 2007