IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 1378 of 2004() ----------------------- OPMV.404/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT(3RD RESPONDENT) --------------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE METRO PALACE, GROUND FLOOR, OPP.NORTH RAILWAY STATION, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): PETITIONERS AND RESPONDENTS 1 & 2) ------------------------------------------------- 1. GEETHA DEVI W/O. MOHANA CHANDRAN, SREERANGAM, CHAKAI P.O., THIRUVANANTHAPURAM AND NOW RESIDING AT SREERANGAM HOUSE, NAZRATH LANE, ALWAYE. 2. G.MANOJ MOHAN S/O. MOHAN CHANDRAN, DO. DO. 3. MANILA G.MOHAN D/O. MOHANA CHANDRAN, (MINOR D.O.B. 21-3-1980), DO. DO. 4. SURENDRAN S/O. KUMARAN, MANKUZHI VEEDU, BYPASS, KUTTANELLOOR DESOM, OLLUR VILLAGE, TRICHUR DISTRICT. 5. K.B.SUMOD, S/O. K.V.BALAN, BALA NIVAS, CIVIL LANE, IYYENTHOL, TRICHUR. ADV. SRI.T.K.RADHAKRISHNAN FOR R1 TO 3 SMT.K.L.SREEDEVI FOR R1 TO R3 SRI.K.R.SUNIL FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1378 of 2004 .................................................................... Dated this the 15th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed by the Insurance Company challenging the compensation awarded by reckoning 13 years' and 2 months' service of the deceased. We have heard counsel appearing for the Insurance Company and counsel appearing for the respondents. 2. The specific case of the Insurance Company is that at the time of accident and death of the deceased, age of retirement in the service of the employee was 58. However, the subsequent increase in retirement age to 60 was reckoned by the MACT while granting compensation for loss of dependency. This is opposed by the Insurance Company by relying on decision of the Supreme Court in ORIENTAL INSURANCE COMPANY LTD. V. JASHUBEN (2008(3) KLT SN 2 (C. NO.3)). Counsel for the respondents submitted that the case decided by the Supreme Court was on age increase at a later period after death of the deceased employee, whereas in this case retirement age was a policy decision taken by the company in tune with service conditions of Central Government employees. According 2 to him, MACT was right in reckoning multiplier as 13 as the deceased would have been able to serve the company upto the age of 60 on account of increase in the retirement age, though made after accident. Besides this argument of the respondents, we feel the respondents are entitled to compensation for the death of the deceased by reckoning reemployment after retirement. If atleast two years' service at same rate is considered after retirement of the deceased, then the same will offset the argument of the Insurance Company, even if accepted by us. In this view of the matter, we confirm the award without even going to the question whether subsequent increase in the retirement age should be reckoned or not. The appeal is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms