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 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 1207 of 2006(A) ------------------------ OPMV.155/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO.LTD., MANGALORE, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT ----------------------- 1. THARANATH, EDRUTHOD, P.O.EDNEER, KASARAGOD TALUK, PADY VILLAGE. 2. DIVYA, EDRUTHOD, P.O.EDNEER, KASARAGOD TALUK, PADY VILLAGE. 3. DISHANTH, EDRUTHOD, P.O.EDNEER, KASARAGOD TALUK, PADY VILLAGE. ADV. SRI.K.V.SOHAN FOR R1 SMT.SREEJA SOHAN.K. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1207 OF 2006 -------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed by the insurance company challenging the award passed in favour of respondents. We have heard standing counsel appearing for the appellant and counsel appearing for the respondents. We find force in the contention of the appellant that the age of the deceased adopted as 37 is absolutely wrong because in the postmortem report the age is declared as 52. Moreover the deceased was a government employee and the age was known to the parties who declared the same to the doctor who stated in the postmortem report. In fact there is understatement of age of husband of the deceased only to mislead the MACT. The deceased being a government employee would have retired in three years' time from the date of death. Therefore loss of dependency should be computed at full rate upto the date of retirement and thereafter MACT should fix the loss of 2 dependency for a retired employee. In view of the mistakes in the award as indicated above, we set aside the award and direct the MACT to pass fresh award after hearing the parties, within a period of two months from the date of production of a copy of this judgment by either party. Since we are sure that the total compensation of fresh award will not be less than Rs. 3 lakhs, Tribunal is directed to release the amount already deposited by the company to the beneficiaries or deposit in the name of minors if any, as the case may be, and adjust the same against final award to be passed in the matter. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3