IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 739 of 2007() ---------------------- OPMV.2480/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT: ----------------------------------------- THE ORIENTAL INSURANCE COMPANY LTD. NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS/PETITIONERS: ------------------------ 1. SANTHA, W/O LATE RAJACHANDRAN, THOKALOTH HOUSE, 32/71, PALARIVATTOM P.O., KOCHI-25. 2. RESHMI, S/O LATE RAJACHANDRAN, DO. DO. 3. RAJEESH T.R., S/O LATE RAJACHANDRAN, -DO- -DO- BY ADV. SRI.ANIL S.RAJ FOR R1 TO 3 SMT.K.N.RAJANI FOR R1 TO R3 SMT.MANJUSHA MOHANDAS FOR R1 TO R3 SMT.ANILA PETER FOR R1 TO R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.A.C.A.NO.739 OF 2007 (C) ----------------------------------- Dated this the 10th day of July, 2008 J U D G M E N T KOSHY,J. A Head Constable of Police sustained fatal injuries in a motor accident on 23.8.1999. Tribunal found that accident occurred due to the negligence of the 2nd respondent driver of the bus owned by the 1st respondent and insured by the 3rd respondent Insurance company. Tribunal awarded a compensation of Rs.5,81,000/- and directed the Insurance company to deposit the same. The 3rd respondent Insurance company filed this appeal questioning only the quantum of compensation. Even though what is the multiplicand used is not mentioned, from the amount awarded, it can be seen that only Rs.4,000/- was taken as the multiplicand and 13 was taken as the multiplier and compensation of Rs.5,36,000/- was awarded for loss of dependency and loss of family contribution. It has come out in evidence that his salary MACA.739/07 2 including D.A. was Rs.7,605/- at the time of accident. Ext.A5 is the service certificate. Ext.A6 is the communication issued by the Commissioner of Police of Kochi city to the deceased that his name is in the list of promotees to the post of Assistant Sub Inspector in Ernakulam Range. These documents are not disputed. He was already in the list of promotion of A.S.I of Police. Since he was in the Government service, there was periodical wage revision. There will be yearly increments also. It is the case of the claimants that if he was allowed to continue in the service, his salary would have been doubled than he was getting at the time of retirement and pensionary benefits and other retiral benefits will be calculated on the basis of the last drawn salary. Wife and children of the deceased are fully dependable upon him. Tribunal has only taken Rs.4,000/- as the multiplicand and we are of the opinion that tribunal ought have taken Rs.8,000/- as the monthly income, and if that be so, yearly income would be Rs.96,000/-. After deducting 1/3 rd, the yearly income will be Rs.64,000/-. If 13 multiplier is used, family dependency would be Rs.8,32,000/-. But tribunal has noticed that if he is MACA.739/07 3 continuing in service, he would have retire at the age of 55. But according to the claimants, at the retirement of 55, he will be surely get employment as Security Officer, which will fetch high salary than he was working at the time of accident. Apart from that, retiral benefits calculated on the last drawn salary will also be much higher. But tribunal has granted Rs.5,36,000/- towards loss of dependency taking a very low amount as multiplicand even considering the salary claimant was drawing at the time of accident. No stretch of imagination that the above amount awarded is excessive so as to warrant inference in an appeal proceedings. Appeal is dismissed accordingly. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008