KUNHIMON Vs. BHASKARAN P

JUDGEMENT

(1.) THE short question which arise for consideration in this appeal under section173 of the Motor Vehicles Act by the claimants is while assessing compensation for loss of dependency under section 163A of the Motor Vehicles Act in a fatal accident case, what is the multiplier that has to be adopted i.e., whether on the basis of the age of the deceased or on the basis of age of parents of the deceased.

(2.) APPELLANTS are the parents, brothers and sisters of deceased Nouphal who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated February 23, 2010 awarding a compensation of Rs.1,83,700/- for the loss caused to them on account of the death of Nouphal in that accident.

(3.) THIS O.P. was jointly tried along with other Original Petitions filed by the legal heirs of other deceased persons in the accident and a common award was passed. Exts. A1 to A25 were marked on the side of the claimants. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the second respondent, the driver of the offending lorry and awarded a compensation of Rs.1,83,700/- with interest @ 7.5% per annum from the date of petition till realization and a cost of Rs. 5,000/-. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal.