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2007 Supreme(Online)(KER) 1174

HIGH COURT OF KERALA
J.B.KOSHY, K.P.BALACHANDRAN, JJ
THE ORIENTAL INSURANCE COMPANY LTD – Appellant
Versus
UDAYAKUMARI – Respondent


JUDGMENT

Koshy, J.

A qualified Plumber, aged 24, while riding his bicycle, met with an accident due to the negligent driving of the vehicle insured by the appellant Insurance Company. He sustained serious injuries in the accident and later he succumbed to the injuries. Exhibit A8 certificate shows that the deceased was an ITI Diploma holder. His two sisters and two brothers filed an application for compensation of Rupees six lakhs. The Tribunal has awarded Rs.2,81,636/-. Insurance Company filed this appeal challenging the quantum of compensation. 2. It is the case of the Insurance Company that his brothers and sisters were elder to him and therefore, there is no chance of depending on the deceased and the award amount is excessive. However, the Tribunal has taken 17 as the multiplier, considering the age. Rs.2,000/- was MFA 440/01 2 taken as the monthly income and after deducting one third, the Tribunal calculated the compensation at Rs.2,72,136/-. The claimants filed an appeal earlier with a delay condonation petition for condoning the delay of fourteen days in filing the appeal. The above matter was considered by another Division Bench of this Court. The above condonation petition

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