IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 MACA.No. 289 of 2009() ---------------------- OPMV.1133/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONERS ------------------------- 1. RAJAPPAN.K.V, AGED 71 YEARS, S/O. LATE VAVA, PULLETIL HOUSE,CHERUVARANAM, VARANAM.P.O, KANJIKKUZHY GRAMAPANCHAYATH, WARD NO.4, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. DEVAYANI, AGED 60 YEARS, W/O.RAJAPPAN, RESIDING AT PULLETIL HOUSE, CHERUVARANAM, VARANAM.P.O, KANJIKKUZHY GRAMAPANCHAYATH, WARD NO.4, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 3. MINIMOL.P.R, AGED 31 YEARS, D/O. RAJAPPAN, RESIDING AT PULLETIL HOUSE, CHERUVARANAM, VARANAM.P.O, KANJIKKUZHY GRAMAPANCHAYATH, WARD NO.4, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): RESPONDENTS -------------------------- 1. GEORGEKUTTY THOMAS, S/O. THOMAS, POLACHIRA HOUSE, NALUKODI.P.O, CHANGANASSERY. 2. P.P. JOSEPH, S/O. PHILIPOSE, KODIATTU VEETTIL, PERUNNA.P.O, KAILATHPADI BHAGOM, THRIKKODITHANAM VILLAGE, CHANGANASSERY. 3. THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS BRANCH MANAGER, NEAR TOWN HALL, ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. *********************** M.A.C.A No.289 of 2009 ---------------------------------------- Dated this the 6th day of February 2009 J U D G M E N T R.BASANT,J The claimants are the appellants. They are the parents and sister of the deceased. The deceased was aged about 33 years on the date of the accident. The parents are shown to be aged 71 years and 60 years now. They must have been aged 66 years and 55 years on the date of the accident, going by that averment. The claim was for an amount of Rs.12,00,000/-. An amount of Rs.2.75 lakhs has been awarded. The monthly contribution of the deceased to the parents/claimants was reckoned to be Rs.2,000/-. 10 was reckoned as the multiplier. For loss of love and affection, an amount of Rs.15,000/- was awarded. After suffering the injury, the deceased had lived for seven days. Rs.12,000/- was awarded as compensation for pain and suffer. Though no documents to show medical and funeral expenses were produced, an amount of Rs.3,000/-, Rs.2,000/- and Rs.3,000/- respectively were awarded as medical, ambulance and funeral expenses. The appellants M.A.C.A.No.289/09 2 claim to be aggrieved by the impugned order. What is the grievance? The learned counsel for the appellants submits that loss of dependency assessed as Rs.2,40,000/- is grossly inadequate. 2. Having considered all the relevant circumstances, we are unable to agree. Considering the age of the claimants 1 and 2, the parents and the age of the deceased, we are satisfied that the multiplier reckoned as 10 is absolutely reasonable. Though it was asserted that the deceased was earning an income of Rs.7,000/- except the certificate showing the monthly income of Rs.7,000/-, no better materials were placed before court. No oral evidence was also adduced. Considering the totality of the circumstances, the monthly contribution for the appellants from the deceased reckoned as Rs.2,000/- as also, the amount of compensation awarded does appear to be absolutely reasonable. We are not satisfied that the impugned award warrants interference. 3. This M.A.C.A is dismissed. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, J) jsr M.A.C.A.No.289/09 3 M.A.C.A.No.289/09 4 R.BASANT & P.R.RAMACHANDRA MENON, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009