Ramachandran Nair, J.

1. These appeals are filed respectively by the Insurance Company as well as the claimants. The Insurance Company is aggrieved by the total compensation awarded, whereas the claimants are seeking more enhancement.

2. We heard the learned Senior Counsel Sri.Geroge Cherian and Smt.K.S.Santhi for the Insurance Company and Sri.Gerogekutty Mathew, learned counsel appearing for the claimants.

3. The accident in this was occurred on 2.11.20015 at a place called Thalakodu. The deceased was travelling in a Tata Sumo bearing Reg.No.KL 2M/5758 from Vazhahoppe to Kolencherry. The offending vehicle is a bus bearing Reg.No. KL 17/1610 driven by the sixth respondent. Due to the collision of the vehicles, the deceased sustained injuries. The injured was taken to MBMM Hospital, Kothamangalam from where he was referred to the Amrita Institute of Medical Sciences, Kochi. After a prolonged treatment, he died on 14.12.2007. The application for compensation was initially filed by the deceased and additional petitioners 2 to 5 have been impleaded thereafter as per order in I.A.No.1305/2008 dated 22.7.2008. The additional claimants are the widow, two minor children and the mother of the deceased. The deceased was a Government servant. He was working as a Junior Superintendent of the Town Planning Department. Before the Tribunal, evidence was let in by the claimants by examining the wife as PW1 and PW2, the Town Planner, is the drawing officer of the deceased. Exts.A1 to A9 have been marked in evidence.

4. Before going into the contentions raised by the respective parties, we will give the necessary details as far as the injuries sustained and the situation of the patient at the time of death. He was admitted in the hospital on 2.11.2005 with severe head injury. The injuries sustained is right thalamo ganglio capsular intracerebal hematoma. He underwent a surgery and was discharged on 30.11.2005. One of the crucial certificates is Ext.A9 which will show the condition of the deceased. The deceased was admitted in the Holy Family Hospital, Muthalakodem on 31.11.2005 for nursing care and physiotherapy following decompressive right hemicraniotomy, haematoma evacuation and duroplasty conducted on 3.11.2005. The certificate shows that he was in an unconscious stage and was showing very minimal improvements alone. He was discharged on 11.2.2006.

5. Ext.A10 is another certificate issued by the Consultant head and neck Surgeon of District Hospital, Idukki. It shows that the injured was brought to the hospital on 15.2.2006 in a comatosed stage and he received treatment as out patient and was last admitted on 9.12.2007 in a comatosed stage and that he was discharged on 12.12.2007. He expired on 14.12.2007.

6. The Tribunal therefore concluded that he sustained injuries in the motor vehicle accident and died as a result of the injuries sustained. He was in a coma stage throughout.

7. Before the Tribunal, Ext.A12 salary certificate was produced which was issued by the Town Planner, Alappuzha. The certificate showed that he was earning Rs.14,633/- including DA and HRA. As PW2, the Town Planner deposed that the deceased was drawing Rs.12,002 in the year 2005 and he was on leave for the period from 2.11.2005 till 3.12.2007 and the loss sustained on account of availing leave is Rs.3,34,988/-. Ext.A19 is the further certificate issued showing the details of leave salary drawn and the loss sustained. Ext.A7 is the copy of the S.S.L.C. Book to prove the date of birth of the deceased which shows that his date of birth is 3.6.1961. Accordingly it was concluded that he was aged above 46 years at the time of death. Going by the judgment in Sarla Varma v. Delhi Transport Corporation (2010 (2) KLT 802 (SC), the multiplier applicable is 13. Since he was having permanent job under the Government of Kerala, for future prospects 30% increase in salary was