IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 1779 of 2005() ----------------------- OPMV.1268/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT: -------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, MUVATTUPUZHA NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S)/CLAIMANTS: ------------------------------- 1. P.V.KARTHIYAYANI, W/O.LATE K.K.RAMAN, ABEE NIVAS, VELLATTUPADAM, THRIKKAKARA P.O., KOCHI-21. 2. ANI.P.R., D/O.LATE K.K.RAMAN, DO. DO. 3. BIJI.P.R., D/O.LATE K.K.RAMAN, DO. DO. (NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1 AND 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). ADV. SRI.ANIL S.RAJ FOR R1 TO 3 SMT.K.N.RAJANI FOR R1 TO 3 SMT.MANJUSHA MOHANDAS FOR R1 TO 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 1779 of 2005 -------------------------------------- Dated this the 28th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The 3rd respondent/Insurance company in OP(MV).1268/98 on the files of the Motor Accidents Claims Tribunal, Ernakulam is the appellant. One Sri:K.K.Raman, who was working as Deputy Store Officer in Indian Rare Earths Limited died in the accident. His wife and two minor children were the claimants. The accident occurred when a Jeep hit against the motor cycle on which the deceased was riding. The Tribunal granted a total compensation of Rs.10,80,488/-. The appellant/Insurance company is challenging the award on the basis that the quantum of compensation granted by the Tribunal is excessive. 2. The appellant contended that the Tribunal went wrong in computing the total monthly salary as income of the deceased for the purpose of computing loss of estate and dependency. It is further contended that there is no clear proof adduced with respect to the income of the deceased. Ext.A8 is the salary certificate, which showed that the salary payable to the deceased for the month of March,1998 is Rs.11,858.95/-. MACA. 1779/2005-G 2 Ext.A9 is another certificate dt:4.6.2004 from which it is evident that if the deceased, if he would have been alive, could receive six increments in between, and his basic pay would have reached an amount of Rs.10,150/-. Eventhough the person who had issued Exts.A8 and A9 were not examined, we find no reason to discard admissibility of Exts.A8 and A9, because those certificates are issued by M/s. Indian Rare Earths Ltd., a Public Sector Undertaking. The contention of the appellant is that the amount certified in Ext.A8 is the Gross Salary without any deduction and Tribunal went erred in computing the total amount without even deducting the tax amount payable out of the salary. On a consideration of the evidence on record we are not persuaded to accept the arguments of the appellant. The Tribunal had adopted only the salary which the deceased was drawing at the time of his death. But Ext.A9 certificate shows that if he would have been alive, his salary would have been increased considerably. He was left with service for a period of 11 years. Therefore the Tribunal has not adopted any calculation based on the future prospects in increase of salary. Hence we do not think that the income adopted for the purpose of computing dependency is in any way unreasonable. 3. Eventhough the appellant had contended that the MACA. 1779/2005-G 3 amounts granted by the Tribunal under various other heads are on the higher side, we find that no interference is called for in that respect. However the learned counsel for the appellant contended that the rate of interest at 9% granted by the Tribunal is on the higher side. Considering the fact that the accident occurred during the year 1998 we find force in the argument and we are inclined to reduce the rate of interest from 9% to 7.5%. 4. In the result, while confirming the amount of compensation awarded by the Tribunal, we modify the award to the extent of reducing the rate of interest from 9% to 7.5%. The appeal is accordingly allowed in part. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb