IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 RP.No. 502 of 2011() -------------------- AGAINST THE JUDGEMENT IN MACA.903/2010 Dated 08/06/2011 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- UNITED INDIA INSURANCE CO.LTD., BRANCH NORTH PARAVUR. BY ADV. SMT.S.JAYASREE RESPONDENT(S): RESPONDENT/THIRD RESPONDENT:- --------------- 1. JEENA JOSHY, WIFE OF LATE JOSHY, PAYYAPPILLY HOUSE, NEAR GOVERNMENT HIGH SCHOOL, MALA P.O., TRISSUR DISTRICT-680 005. 2. JEVIN JOSHY, S/O.LATE JOSHY, PAYYAPPILLY HOUSE, NEAR GOVERNMENT HIGH SCHOOL, MALA P.O., TRISSUR DISTRICT-680 005. 3. JOMEL JOSHY, S/O.LATE JOSHY, PAYYAPPILLY HOUSE, NEAR GOVERNMENT HIGH SCHOOL, MALA P.O., TRISSUR DISTRICT-680 005. 4. JEWEL JOSHY, S/O.LATE JOSHY, PAYYAPPILLY HOUSE, NEAR GOVERNMENT HIGH SCHOOL, MALA P.O., TRISSUR DISTRICT-680 005. 5. MARY AUGUSTINE, W/O.LATE AUGUSTINE, PAYYAPPILLY HOUSE, NEAR GOVERNMENT HIGH SCHOOL, MALA P.O., TRISSUR DISTRICT-680 021. 6. KAILASAN @ SUNIL, S/O.NIKATHIL KARTHIKEYAN, PERUPADANNA, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513. 7. O.N.RADHAKRISHNAN, ORAVANTHURUTHU, MUNDIYATH THOPE, CHENDAMANGALAM, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513. 8. ABHILASH, S/O.A.C.UTHAMAN, ENNAKULATHIL HOUSE, EZHIKKARA VILLAGE, PERUMBADANNA, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.P. No. 502 of 2011 in M.A.C.A.No.903/2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of July, 2011 O R D E R Barkath Ali, J. This is a petition filed by the third respondent Insurance Company in the above appeal seeking to review the judgment of this Court dated June 8, 2011. 2. The above appeal was filed by the claimants who are the legal heirs of deceased Joshi who died in a motor accident challenging the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV) No. 52/2005 dated April 4, 2009 awarding a compensation of Rs.3,79,000/- with interest @ 7% per annum from the date of petition till realization. This Court modified the award and granted an additional compensation of Rs.1,79,000/- with interest @ 7.5% per annum. 3. The petitioner seeks to review the judgment on the RP 502/2011 2 ground that in assessing the loss of dependency this Court has deducted only 1/5th of the income towards personal expenses of the deceased and that actually only 1/4th has to be deducted in the light of the principles laid down in Sarala Varma V. Delhi Transport Corporation (AIR 2009 SC 3104) and also that the multiplier adopted should have been 15. 4. Heard the counsel for the petitioner and the claimants. 5. On going through the impugned judgment and hearing the counsel for both parties, we find no ground to review the judgment. In assessing the loss of dependency, we have taken the monthly income of the deceased as Rs.3,250/- and after deducting 1/5th towards personal expenses of the deceased, took the balance amount of Rs.31,200/- as his annual contribution to his family. Actually the deceased was a Hotel Manager earning Rs.8,000/- per month, but we have taken his monthly income only as Rs.3,250/-. Therefore, we have deducted only 1/5th of the RP 502/2011 3 personal income of the deceased towards his personal expenses and adopted a multiplier of 16. 6. Therefore, we find no reason to review the judgment dated June 8, 2011. Hence, the review petition is dismissed. V.RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE mn.