IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 908 of 2006(D) ----------------------------------- O.P (MV).NO.2193/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. P.G. RAMAKRISHNA PILLAI, S/O. GOVINDA PILLAI, PUTHUKADU HOUSE, MITHRAKARI MURI, MUTTAR VILLAGE, ALAPPUZHA DISTRICT. 2. LEELAMMA, W/O.P.G. RAMAKRISHNA PILLAI, PUTHUKADU HOUSE, MITHRAKARI MURI, MUTTAR VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.P.HARIDAS. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. TONY JACOB, S/O. JACOB, KUTTANPEROOR, NEAR ANANDASRAMAM, CHANGANCHERRY. 2. SARAMMA, W/O. JOHN, KARIPALIL, KOLAKOTH, KOTTATHUR P.O., AYROOR, RANNY. 3. THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, MATTETHRA BUILDINGS, KOTTAYAM. ADV. SRI.K.GOPALAKRISHNA KURUP FOR R2, ADV. SRI.S.MANU FOR R2, ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3, ADV. SRI.ALEXY AUGUSTINE FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- M.A.C.A.No.908 OF 2006 ------------------------------------- Dated 26th August, 2008 JUDGMENT Koshy,J . A youngster aged 19 years sustained fatal injuries in a motor accident on 15.1.2001 and succumbed to the injuries on 25.1.2001. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. According to the claimants, the deceased was getting Rs.4,000/= per month and a salary certificate was also produced, but, the salary certificate was not proved by examining any witness. The Tribunal did not believe the salary certificate and fixed the monthly income as Rs.2,000/=. Considering the age of the claimants, 16 was taken as the multiplier. It has been held by the Supreme Court that in the case of death of unmarried persons, the age of the claimants should be taken into account. If that is taken into account in this case, only 8 should have been taken as the multiplier. Even if Rs.4,000/= is accepted as the monthly income, if proper multiplier is applied, there will be no change in the calculation of compensation. The total compensation awarded by the Tribunal was Rs.2,60,500/=. We are of the opinion that just and MACA.908/2006 2 reasonable compensation was awarded and no enhancement is necessary. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks