IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 2699 of 2008() ----------------------- OPMV.464/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): THIRD RESPONDENT -------------- NEW INDIA ASSURANCE CO.LTD. REP. BY ITS DY.MANAGER REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S):PETITIONERS 1 TO 4 AND RESPONDENTS 1 & 2 RESPECTIVELY --------------- 1. M.C.PATHUMMA, AGED 48 YEARS W/O.LATE ,MOHAMMED.K., KADAMBOTTIL HOUSE MELMURI AMSOM, PO.MELMURI, MALAPPURAM. 2. K.BAVA MUNEER, AGED 32 YEARS, S/O.LATE MOHAMMED.K., DO. 3. JASMIN.K.,AGED 29 YEARS S/O.LATE MOHAMMED, DO. 4. MAJIDA, AGED 18 YEARS, D/O.LATE MOHAMMED, DO. 5. ALI AKBAR, S/O.MOIDEENKUTTY KOTTAI HOUSE, PATTARKULAM, MANJERI. 6. K.MOHAMMED, KOZHIPARAMBATH HOUSE, VADAKKETHODI, PAPPINIPPARA, MANJERI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.2699 of 2008 -------------------------------------- Dated this the 27th day of November, 2008. JUDGMENT Koshy, J. This appeal is filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal. Deceased was the Head Teacher of Govt. L.P.School, Malappuram. Ext.A4 is the salary certificate which shows the monthly income of the deceased as Rs.13,863/-. He sustained injuries due to the negligence of the driver of the vehicle insured by the appellant Insurance Company. He died after 15 days of accident. Wife was aged 44 years at the time of his death. There are three children, one was minor at the time of accident. Total compensation assessed by the Tribunal towards loss of family contribution and dependency is Rs.7,15,424/-. According to the appellant, the above calculation is not correct. Since the age of the deceased was 54 at the time of accident, Tribunal has correctly taken 11 as the multiplier as per the guidelines in the II schedule. But, the Tribunal has assessed compensation at a higher rate for six years and lower rate for five years. According to the appellant, since the age of the deceased was 54 at the relevant time, compensation should have been assessed at the higher rate for one year and MACA No.2699/2008 2 later it should be calculated at the lower rate as age of superannuation is 55. Tribunal has taken Rs.15,000/- as the annual income of the deceased for calculating the compensation towards loss of dependency at the lower rate. 2. We are of the opinion that compensation should not have been assessed on different basis. A school teacher can continue in service till the age of 55 and after retirement he can teach outside and do other works. He will also get pension apart from other earnings. He would have more than Rs.6,000/- per month as pension alone whereas the Tribunal has taken Rs.1,250/- per month (Rs.15,000/- per annum) as the income after retirement. We further note that no amount was awarded for loss of consortium. Even though for 15 days he suffered the injuries, Tribunal has awarded only Rs.10,000/- for pain and suffering. For loss to estate, only Rs.2,500/- was awarded and for love and affection for three children, only Rs.5,000/- was awarded. If one third is deducted from the income at the time of accident and 11 is taken as the multiplier, compensation payable will be much more than that was awarded by the Tribunal ((Rs.13,863x12x2x11) / 3 = 12,19,944/-). Considering the total MACA No.2699/2008 3 compensation awarded and on the facts and circumstances of the case, we are of the opinion that just and reasonable compensation is granted and no grounds are made by the Insurance Company for interference in the award. If there is any arithmetical or clerical error in the award, parties are free to approach the Tribunal for necessary correction. Appeal is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks