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 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 317 of 2003 ------------------------------- O.P(MV).NO.1013/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. C.SREEDHARAN, CHALIL HOUSE, POTTALUNGAL, P.O. KAPPIL, WANDOOR, MALAPPURAM. 2. N.T.SARADHA, D/O.GOPALAN, NARAYANATHODI HOUSE, P.O.THARIAD, KARUVARAKUNDU, MALAPPURAM. BY ADV. SRI.K.M.SATHYANATHA MENON. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. MELEPEEDIYAKKAL ABDUL HAMEEDH, S/O. MOHAMMED, KALAPAKANCHERI P.O., MALAPPURAM 2. A.KOYAKUTTY S/O. HASSANKUTTY, ALIKUNNATH HOUSE, KANMANAM, P.O.KALAPAKANCHERI. 3. UNITED INDIA INSURANCE COMPANY, KOYAMBATORE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.317 of 2003 =============================== Dated this the 2nd day of December, 2008. J U D G M E N T KOSHY, J. 28 year old son of the appellants sustained fatal injuries in a motor accident. They claimed compensation alleging that the accident occurred due to the negligence of the driver of the vehicle of the 2nd respondent, insured by the 3rd respondent. Insurance company alone contested the case. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent. However, Tribunal has granted only Rs.1,92,000/- as compensation with 9% interest from the date of application. Only dispute raised in this appeal is regarding the quantum of compensation. According to the claimants, deceased was a sales executive in a travel agency and produced Ext.A3 salary certificate. But that salary certificate was not proved. Accident occurred in the year 1994. He was aged 28 years. Tribunal has taken Rs.2,250/- as monthly income. We see no ground to enhance the same. Apart from Ext.A3 salary M.A.C.A.No.317 of 2003 2 certificate which was not proved, nothing was produced to show that he was working in that travel agency. After deducting 1/3, loss of annual dependency was taken. Father was aged 57 years old and mother was 48 years old. But, no evidence was produced to prove the same. Considering the age of the claimants 10 was fixed as multiplier to calculate compensation. It is well settled law that in the case of an unmarried person, age of the parents are taken to calculate compensation and lowest multiplier is taken. If father's age is taken, 8 is the multiplier. Tribunal has taken 10 as the multiplier. We are of the opinion that just and reasonable compensation is granted. Hence we find no ground to interfere in the award passed by the tribunal and accordingly, the appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-