K RADHAKRISHNAN NAIR Vs. T SATHEESH

JUDGEMENT

(1.) THIS petition is to condone the delay of 141 days in filing an appeal. We take a lenient view. Petition allowed. Delay condoned.

(2.) CLAIMANTS are the appellants. They claim compensation for the loss suffered by him on account of the death of their brother in a motor vehicle accident which took place on 24.09.2002. Against the claim of Rs. 10,00,000/-, the Tribunal awarded only an amount of Rs.1,71,000/- as per the details shown below: 1. Loss of dependency : Rs. 1,44,000/- 2. Loss of love and affection : Rs. 10,000/- 3.Loss of estate : Rs. 10,000/- 4. Transportation charges : Rs. 1,500/- 5. Damage to clothing : Rs. 500/- 6. Funeral and other expenses : Rs. 2,000/- 7. Pain and sufferings : Rs. 3,000/- ----------------------- Total Rs.1,71,000/- ===========

(3.) THE Tribunal reckoned only 10 as the multiplier. THE learned counsel for the appellant argues that going by the age of the deceased or the age of the claimants, the Tribunal erred in accepting only 10 as the multiplier. THE deceased had no parents living. He was an unmarried person. THE Tribunal took note of the circumstance, that it is unlikely that the deceased would have supported the claimants, his siblings for the entire period and that multiplier is to be taken in the case of persons on whom the dependent would have continued to depend for the entire period. All the claimants are siblings. THEy are adult siblings. One of them is an unmarried sister. All others are married and settled. In any view of the matter, we are satisfied that adoption of 10 as the multiplier cannot be faulted. That appears to be a just and reasonable approach by the learned Tribunal.