JOSEPH PHILIP C.J. Vs. JUDIES

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the hapless parents of a 24 year old son by name Pavan C. Philip, who died in a motor vehicle accident on 30.8.2004, caused by the negligent driving of a vehicle owned and driven by respondent Nos. 1 and 2 and insured with the third respondent. The appellants filed O.P.(MV) No.2809 of 2005 before the Motor Accidents Claims Tribunal, Ernakulam, (for short 'the tribunal') claiming compensation on account of the death of their son. The tribunal awarded a total compensation of Rs. 3,13,200.00 with interest at the rate of 7% per annum from the date of the petition till the date of award and thereafter at 8% per annum till realization with proportionate costs. Dissatisfied with the award, the appellants filed appeal, MACA No.211 of 2009 before the High Court of Kerala at Ernakulam, seeking enhancement of the compensation. The High Court awarded an additional compensation of Rs. 2,60,800.00 with interest at the rate of 9% per annum from the date of the claim petition till the date of deposit. The appellants/claimants have filed this appeal seeking further enhancement of the compensation.

(3.) Learned senior counsel appearing for the appellants submits that the deceased was aged 24 years. The multiplier applicable for a 25 year old person is 18, whereas the tribunal has taken the multiplier 11, by taking the age of the mother who was 51 years. It is further submitted that the deceased was earning Rs. 15,000.00 per month and the High Court has taken his monthly income at Rs. 8000.00 for the computation of loss of dependency. It is further submitted that the High Court has not granted any amount towards loss of future prospects. It is further argued that the High Court has awarded only a sum of Rs. 15,000.00 towards loss of love and affection.