IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 818 of 2006()
1. UNITED INDIA INSURANCE CO. LTD.,
... Petitioner
Vs
1. V.J.JOHN, S/O.THOMAS,
... Respondent
2. MARY JOHN, W/O.JOHN AND D/O.VARGHESE,
3. JUBY JOHN, D/O.JOHN,
4. PUTHIYAPARAMBATH ABDUL RAZAKH,
5. M.MANI, W/O.NARAYANAN,
For Petitioner :SRI.M.A.GEORGE
For Respondent :SRI.T.K.VIPINDAS
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :04/06/2009
O R D E R
C.N.RAMACHANDRAN NAIR &
C.K.ABDUL REHIM, JJ.
....................................................................
M.A.C.A. Nos.818/2006 & 668/2008
....................................................................
Dated this the 4th day of June, 2009.
JUDGMENT
Ramachandran Nair, J.
Both the appeals arise from the very same award passed by the
MACT granting compensation to the parents and sister of a person
who died in an accident caused by a Bus while he was walking on the
road. We have heard counsel appearing for the Insurance Company and
counsel appearing for the claimants and have gone through the award.
2. Eventhough technically the contention of the Insurance
Company that the multiplier adopted at 18 is wrong because deceased
being unmarried, multiplier should have been based on the age of the
parents, we feel that the reduction in multiplier will not help the
Insurance Company in reducing the compensation since the claimant’s
case for enhancement of income and denial of compensation for pain
and suffering and for loss of love and affection merits consideration.
Since the total compensation awarded in absolute terms for the death of
a 26 year old person at Rs.2,63,700/- is quite reasonable, we dismiss
2
the appeal filed by the Insurance Company as well as the appeal filed
by the claimants for enhancement.
C.N.RAMACHANDRAN NAIR
Judge
C.K.ABDUL REHIM
Judge
pms