IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 1923 of 2005(D) ----------------------- OPMV.1593/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/3RD RESPONDENT: ---------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI 11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONERS 1 TO 4 & RESPONDENTS 1 &2 : ------------------------------------------------------------------- 1. RESHMI G.SUBRAMANIAN, D/O.K.SUBRAMANIAN RESIDING AT GEETHA NIVAS, KOTTOOLI AMSOM, DESOM, P.O.KOTTOOLI, KOZHIKODE 6. 2. RAHUL.S. S/O.K.SUBRAMANIAN, DO. DO. 3. K.SUBRAMANIAN, S/O.LATE.K.NAGAN, DO. DO. 4. P.K.KOUSALYA, W/O.LATE KUTTAN, DO. DO. 5. E.RATHNA, W/O.A.SADANANDAN, ASARIKANDIYIL HOUSE, CHELAVOOR, KOZHIKODE. 6. T.R.SUDHEESH, S/O.RAMAR, KAKKIRIKKALAYIL HOUSE,NEAR PROVIDENCE COLLEGE, FLORICAN HILL, KOZHIKODE. R1 TO R4 BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1923 OF 2005 -------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for reduction of compensation awarded by MACT. We have heard standing counsel appearing for the appellant- insurance company and counsel appearing for the respondents. Even though counsel for the insurance company contended that multiplier should be adopted with reference to the age of the first claimant who is the husband of the deceased, we do not think any modification is required because deceased bank employee was 42 years of age at the time of the accident and 18 years of service was left as on the date of death. Besides this children are also claimants before the MACT. However, we find force in the contention of standing counsel for the insurance company that income adopted by taking into account future increments is not justified. We have gone through the two salary MACA: 1923/05 2 certificates produced by the claimants. The first certificate shows that last salary drawn by the deceased was Rs. 11047.43 and the employer has contributed Rs. 656/- each towards PF and Pension fund. The second certificate is the one issued by the Bank in 2004 stating the salary the deceased would have drawn had she continued in service. We do not think this certificate is reliable because uncertainity in future cannot be taken into account while granting compensation after death of the employee. Therefore compensation should have been granted based on first certificate, which shows net salary of the deceased as 11047/-. However, taking into account the benefits she was getting from the employer, we make up the monthly income to Rs. 12,000/- and deducting one third towards personal expenses, loss of dependancy is to be reckoned with reference to the monthly income of Rs. 8000/-. Consequently, respondents will be entitled to compensation for loss of dependancy of Rs. 14,40,000/-. We find that compensation awarded under other heads is reasonable. The additional compensation granted by us will carry interest at the rate of 7.5 per cent per annum from the MACA: 1923/05 3 date of application till date of deposit. Appeal therefore stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA: 1923/05 4