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2007 Supreme(Online)(KER) 48228

HIGH COURT OF KERALA
P.R.RAMAN, S. SIRI JAGAN, JJ
THE CHAIRMAN ESI MEDICAL BOARD – Appellant
Versus
D RAJU – Respondent


J U D G M E N T

KOSHY,J.

Both Insurance company and claimants challenge the award passed by the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV).NO.1008/1998. Claimant therein sustained injuries in an accident on 20.4.1998. He sustained serious injuries and it was found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company (appellant in MACA No.58/2003). Against a claim of Rs.15,83,000/-, tribunal awarded only an amount of Rs.4,23,300/-. Claimants in MFA.No.518/2003 contended that quantity of compensation awarded is inadequate whereas in MACA.No.58/2003, contention of the Insurance company is that amount awarded is excessive. Only quantum of compensation is disputed in the appeal and we are considering only the same.

2. Claimant was aged 41 years at the time of accident.

Tribunal has fixed 13 as the multiplier. According to the claimant, as per the 2nd Schedule, multiplier is 15. He has a further case that in view of the reduction in interest rate and increase in the life expectancy, multiplier should be higher than that is fixed under the 2nd Schedule. In A.P.S.R.T.C. v. Pentaiah Charg (2007 AIR SCW 5689) Apex Co

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