IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 MFA.No. 811 of 2001(A) ---------------------- OPMV.2141/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS: ----------------- 1. CHELLAPPAN PILLAI, SON OF KRISHNA KURUP KOCHUTHUNDIL VADAKKETHIL, TRIKKUNNAPUZHA, SOORANADU SOUTH, QUILON.(DIED). 2. PANKAJAKSHI AMMA, WIFE OF DO. DO. 3. SAJAYA KUMAR, SON OF CHELLAPPAN PILLAI, DO. 4. BABY JALAJA, D/O. OF DO. DO. (IT IS RECORDED AS PER ORDER DT.28.1.2008 THAT 1ST APPELLANT DIED AND HIS LEGAL REPRESENTATIVES ARE APPELLANTS 2 TO 4). BY ADV. SRI.V.G.ARUN & SRI.T.R.HARIKUMAR RESPONDENTS: --------------------- 1. ALEENA M.SADIQ, WIFE OF MOHAMMED SADIQ THADATHIL PUTHEN VEEDU, VENGA P.O., SASTHAMCOTTA, QUILON. 2. PANKAJAKSHAN, SON OF PADMANABHAN, PERUVELI PADINJATTETHIL, KOTTAPURAM WEST KALLADA, QUILON. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., TRIVANDRUM CITY BRANCH, RAMAKRISHNA BUILDING, THAMPANOOR, TRIVANDRUM. 4. V.P.NARENDRAN NAIR, NARENDRA BHAVANAM, THATTAMUNNA, NOORANADU P.O., QUILON. 5. R.PRASAD, SON OF RAMASWAMY, KOLLUPARAMBIL VEEDU, EDAKKUNNAM, CHERUMMOODU, QUILON DIST. 6. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., T.M.BUILDINGS, BANK ROAD, KAYAMKULAM. BY ADV. SRI.RASHEED C.NOORANAD SRI.G.GOPAKUMAR (TVM) SRI.MATHEWS JACOB (SR.) SRI.P.V.JYOTHI PRASAD THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.811 of 2001 ----------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Koshy, J. Son of the first and second appellants died in a motor accident on 16.7.1995. Along with other children, they applied for compensation. The Tribunal found that the deceased was a High School Teacher. His salary was Rs.2,800/- at the time of death. It is likely to be revised in the pay revision. So, he may get more than Rs.3,000/- as salary. The Tribunal taken 6 as the multiplier. Main contention was that the deceased was 29 years and going by the second schedule, 8 is the apt multiplier. But the Supreme Court has repeatedly held that if the deceased is unmarried, the age of the parents also should be taken into consideration. Father was 65 years and mother was 57 years and during the pendency of the application, father also died. The total amount of compensation awarded was Rs.1,81,000/- with 12% interest from the date of petition . The petition was filed in 1995. Award was passed only in November, 2002. Since the Tribunal has taken average age of the claimants, 6 was taken as the multiplier. Considering the amount awarded, we are of opinion that just and reasonable compensation is awarded and no interference is required. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.811 of 2001 ------------------------------ JUDGMENT 28.1.2008