IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 MACA.No. 616 of 2007(A) ----------------------- OPMV.867/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): -------------- SENIOR DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD, ST.JOSEPH'S BUILDING,VAZHUTHACAUD, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGER, NATIONAL INSURANCE COMPANY, MOTOR THIRD PARTY CLAIM SECTION,AJAY VIHAR,M.G.ROAD,ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENT(S): --------------- 1. SUJITHRA K., W/O.PREMKUMAR, GOKULAM,JANATHA ROAD,CHEMPAZHANTHI, THIRUVANANTHAPURAM. 2. G.PURUSHOTHAMAN PILLAI, FATHER OF DECEASED PREMKUMAR, RESIDING AT GOKULAM,JANATHA ROAD, CHEMPAZHANTHI, THIRUVANANTHAPURAM. 3. VALSALA, MOTHER OF DECEASED PREMKUMAR, RESIDING AT GOKULAM,JANATHA ROAD, CHEMPAZHANTHI, THIRUVANANTHAPURAM. 4. BINDU,SISTER OF DECEASED PREMKUMAR, RESIDING AT GOKULAM,JANATHA ROAD, CHEMPAZHANTHI, THIRUVANANTHAPURAM. 5. NOOR NISA KARIM,PALAKKATTIL, A5,SANTHI NAGAR,THIRUMALA,THIRUVANANTHAPURAM. 6. P.A.SAJID, S/O.ABDULLA, PALAKKATTIL HOUSE, ALANKADU VILLAGE, WEST KODUNGALLOOR, ALUVA. ADV. SRI.SANTHAN V.NAIR FOR R1 TO 4 SRI.A.ANISH BAL FOR R1 TO 4 SMT.K.J.JISMA FOR R1 TO 4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 616 OF 2007 -------------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT Ramachandran Nair,J. Appeal is for reduction of compensation granted by the MACT for the death of husband of the first respondent. Sri. Lal George appearing for the appellant-company contended that income adopted is without any basis. According to him, salary certificate issued by a private firm was accepted without examining the person who issued it. Counsel for the respondents on the other hand contended that the deceased was employed as Sales Executive in a private firm and the salary taken at Rs. 6,000/- per month is quite reasonable. We do not think there is any scope for interference because Rs. 6,000/- is what a skilled worker makes these days. In this case the accident occurred in 2002. Insurance Company has no case that the deceased was not employed in the firm which issued the salary certificate. On an average Rs. 6000/- works out to Rs. 200/- per day which is the wages earned by 2 an unskilled worker. We therefore do not think there is any scope for interference with the income determined based on which compensation was awarded. MACT rightly reduced one-third towards personal expenses and Rs. 4,000/- was taken as income for determining loss of dependency. Even though counsel for the appellant relied on the decisions of the Supreme Court in T.N. TRANSPORT CORPN. LTD. V. S. RAJAPRIYA, (2005) 6 SCC 236 and TNSTC LTD. V. K.I. BINDU, (2005) 8 SCC 473, we do not think there is any scope for interference because in this case the MACT has taken the income based on the certificate issued by the employer. We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3