IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 MACA.No. 2014 of 2007(F) ------------------------------------- O.P(MV).NO.1441/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. .................... APPELLANT/2ND RESPONDENT: ----------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM, NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.), ADV. SRI.P.JACOB MATHEW. RESPONDENT/ IST PETITIONER: ----------------------------------------------- MRS.MARY GEORGE, W/O.LATE PROF.P.C.GEORGE, HOUSE NO.T.C.9/400, `RASHMI', PUTHEN PURACKAL, BRINDAVAN ROAD, PONGUMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.BABY, ADV. SRI.A.N.SANTHOSH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.2014 OF 2007 ------------------------------------- Dated 28th February, 2008 JUDGMENT Koshy,J . This appeal is filed by the Insurance Cmpany challenging the quantum of compensation awarded by the Tribunal. A retired Principal of the Government College of Engineering, Thrissur sustained fatal injuries in an accident on 27.9.2001. He succumbed to the injuries in the Medical College Hospital, Thiruvananthapuram. His wife and mother filed an application for compensation (during the pendency of the claim petition mother also died and legal representatives were impleaded). Tribunal awarded only Rs.3,36,800/=. Only quantum of compensation is disputed in this appeal. At the time of accident the deceased was a pensioner and he was getting Rs.7,102/= as pension. Since he was a retired professor of Engineering, according to the claimants, he continued to give technical advice, drawal of plans etc. and he was getting Rs.5,000/= per month from that. Tribunal was of the view that considering his technical qualification, at least Rs.2,000/= can be assessed as his income other than pension. Hence, the total monthly income will come to Rs.9,102/=. But, after his death, Rs.1,683/= was received as family pension by the first appellant wife. That was deducted and, therefore, monthly loss will be Rs.7,419/= (7102 + 2000 = 9102 - 1683 = 7419). One third was deducted from that and compensation for MACA.2014/2007 2 loss of dependency was calculated taking annual loss of depndency at Rs.59,360/= (7419 x 2/3 x 12). Considering his age, taking second schedule as guidance, five was taken as the multiplier and Rs.2,96,800/= was awarded as compensation for loss of dependency. Considering the income of the deceased, technical qualification and also considering the fact that only 5 was taken as the multiplier, we are of the opinion that the amount awarded cannot be stated to be high. Tribunal has awarded Rs.15,000/= for loss of consortium. Considering the age of the deceased, we reduce the same by Rs.10,000/- awarding only Rs.5,000/= for loss of consortium. Since he died on the same day, Rs.10,000/= awarded by the Tribunal for pain and suffering is reduced to Rs.5,000/= and funeral expenses of Rs.10,000/= awarded by the Tribunal is also reduced to Rs.5,000/=. Therefore, the amount payable will be Rs.3,16,800/= instead of Rs.3,36,800/= awarded by the Tribunal. The above should be deposited by the appellant insurance company with interest and proportionate cost as awarded by the Tribunal after deducting the amount already deposited. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks MACA.2014/2007 3 ORDER ON I.A.NO.2558 OF 2007 IN MACA.NO.2014 OF 2007 DISMISSED 28.2.2008 SD/- J.B.KOSHY, JUDGE. SD/- K.HEMA, JUDGE. // TRUE COPY //