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Judgment
Antony Dominic, J.—Heard the learned counsel for the appellant. This appeal is filed against the award of MACT, Kottayam in OP(MV) No. 837/09. The said award was rendered in a claim filed by the parents of a 22 year old youngster, who died in a motor accident on 3/11/2008 when his motor cycle was hit by a lorry insured by the appellant. The limited ground on which this appeal is filed is that the Tribunal erred in adopting 17 as a multiplier.
However, from the award, we notice that the Tribunal followed the Apex Court judgment in National Insurance Co. Ltd. Vs. Gurumallamma and Another, and a Division Bench judgment of this Court in Kunhimon and Others Vs. Bhaskaran, P. and Others, which laid down the principle that in applications u/s 163(A), the multiplier shown in the second schedule of the Motor Vehicles Act on the basis of the age of the deceased has to be applied. The award shows that it is applying this principle that multiplier 17 was adopted by the Tribunal. Evidently therefore the application of the multiplier is consistent with the principle laid down by the Apex Court and this Court. If that be so, the award cannot be characterized as one vitiated for any error justifying interference in an appeal.
MACA is dismissed.