Abdurahiman Haji vs Narayana Rai on 18 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 934 of 2007()


1. ABDURAHIMAN HAJI, S/O ABBAS HAJI,
                      ...  Petitioner
2. KUNJALEEMA, W/O ABDURAHIMAN HAJI,

                        Vs



1. NARAYANA RAI, AGE NOT KNOWN,
                       ...       Respondent

2. NATIONAL INSURANCE COMPANY LIMITED,

                For Petitioner  :SRI.AVM.SALAHUDIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :18/06/2007

 O R D E R
                     J.B.KOSHY & K.P.BALACHANDRAN, JJ.

                  -------------------------------------

                          M.A.C.A.No.934 OF 2007

                  -------------------------------------

                           Dated 18th June,  2007



                                    JUDGMENT

Koshy,J
.

A boy aged 15 died in a motor accident. His father

was aged 46 at the time of the accident and mother was aged

40. Tribunal calculated compensation taking 15 as the

multiplier. Since the deceased was aged only 15, the claim

that he was working and earning Rs.6,000/= per month was not

accepted by the Tribunal correctly and notional income of

Rs.15,000/= as mentioned under section 163A of the Motor

Vehicles Act was taken and calculated compensation. Total

amount awarded was Rs.1,73,000/=. Considering the age of the

mother as well as age of the deceased, we are of the view that

just and reasonable compensation was awarded and no

interference is required.

The appeal is dismissed.

J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks