IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 514 of 2006() ---------------------- OPMV.225/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO. LTD., KANNUR, REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.ALEXY AUGUSTINE RESPONDENT(S): CLAIMANTS ------------------------ 1. K.K.BINDU GIRISH, W/O.GIRISH, RESIDING AT "SREEKANTH" HOUSE, MAYYANNORE.P.O, VATAKARA-673107. 2. PRANAV GIRISH, S/O.GIRISH(MINOR), REP. BY MOTHER AND GUARDIAN BINDU GIRISH, W/O.GIRISH, RESIDING AT "SREEKANTH" HOUSE, MAYYANNORE.P.O, VATAKARA-673 107. 3. K.K.NARAYANI, W/O.RAGHAVAN.V.P, RESIDING AT "SREEKANTH" HOUSE, MAYYANNOR.P.O, VATAKARA-673 107. BY ADVS. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008 THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 514 OF 2006 -------------------------------------------- Dated this the 30th day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed by the insurance company chall;enging the compensation awarded based on gross salary. Counsel for the appellant relied on decision of the Supreme Court in ASHA AND ORS. V. UNITED INDIA INSURANCE COMPANY LTD., 2004 ACJ 448 and contended that net salary should be reckoned for the purpose of awarding loss of dependency. We notice that the deceased was a bank employee at the time of the accident and as per salary certificate, he was getting salary of Rs. 10260/- based on which award was passed for loss of dependency. The accident occurred in 2001 and there has been steady increase in salary of bank employees. In fact even though MACT has taken into account gross salary, nothing is added towards future increase and prospects in life such as promotion scope. In the circumstances, we do not find any ground to interfere with the award of 2 compensation. Appeal is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3