Karuppaswamy Gowder vs Aboobacker on 25 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 712 of 2008()


1. KARUPPASWAMY GOWDER, AGED 65 YEARS,
                      ...  Petitioner
2. SARASWATHY, AGED 60 YEARS,
3. K. SUBRAMANI, AGED 30,

                        Vs



1. ABOOBACKER, S/O. ABBAS,
                       ...       Respondent

2. THE MANAGING DIRECTOR,

3. THE BRANCH MANAGER,

                For Petitioner  :SRI.T.KURIAKOSE PETER

                For Respondent  :SRI.CIBI THOMAS

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :25/08/2008

 O R D E R

J.B. Koshy & Thomas P. Joseph, JJ.

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M.A.C.A. No.712 of 2008

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Dated this the 25th day of August, 2008

Judgment

Koshy,J.

Son of the first two appellants died in a motor accident.

The father, mother and brother of the deceased claimed

compensation alleging negligence on the driver of the vehicle

insured by the third respondent insurance company. The Tribunal

awarded a total compensation of Rs.2,12,000/- and directed the

insurance company to deposit the amount. The only dispute raised

by the claimants is regarding the quantum of compensation.

According to the appellants, deceased was aged 27 years and,

therefore, 18 should have been taken as the multiplier. The

Tribunal has taken 8 as the multiplier. Father of the deceased was

aged 60 and the mother was aged 55. If father’s age is taken, only

5 would have been the multiplier, but, the Tribunal has taken the

mother’s age and took 8 as the multiplier. According to the

claimants, the deceased was earning Rs.5,000/- per month, but, the

salary certificate produced was not proved properly. In the absence

of any clear evidence, the Tribunal has taken Rs.3,000/- as the

M.A.C.A.No.712/2008 2

monthly income and after deducting one-third, Rs.2,000/- was taken

as the multiplicand and compensation was calculated. We are of the

view that just and reasonable compensation was awarded by the

Tribunal and no interference is required. Therefore, the appeal is

dismissed.

J.B.Koshy
Judge

Thomas P. Joseph
Judge

vaa

M.A.C.A.No.712/2008 3

J.B. KOSHY
AND
THOMAS P.JOSEPH,JJ.

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M.A.C.A. No.712/2008

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Judgment

Dated:25th August, 2008