IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 RP.No. 493 of 2011() -------------------- AGAINST THE JUDGEMENT IN MACA.290/2010 .................... REVIEW PETITIONER(S): APPELLANT ------------------------------- VAZHUTHANAPPALLIL ROSY SEBASTIAN, VAZHUTHANAPPALLIL HOUSE, MANJOOR SOUTH POST, VAIKOM TALUK. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): --------------- 1. S.VIJAYAKUMAR, S/O.SUBRAMANYAM, NO.30, KAMARAJA STREET, KANCHIPURAM DISTRICT, TAMIL NADU-61 501. 2. ARUMUKHAM, S/O.CHINNAPPA, DOOR NO.61, VILAKADIKOIL STREET, KANCHIPURAM TOWN, TAMIL NADU. 3. THE NEW INDIA ASSURANCE CO.LTD., NO.514/515, GANDHI ROAD, KANCHIPURAM, TAMIL NADU. 4. VAZHUTHANAPPALLIL AJIN, VAZHUTHANAPPALLIL HOUSE, MANJOOR SOUTH, POST, VAIKOM TALUK. 5. VAZHUTHANAPPALLIL ANIL, DO. DO. ADV. SRI.KKM.SHERIF FOR R3 SRI.A.A.ZIYADRAHMAN FOR R3 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.P.No. 493 of 2011 in M.A.C.A. No. 290 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of July, 2011 O R D E R Barkath Ali, J. Heard. Not opposed. 2. Allowed. 3. Paragraphs 9 and 10 and the last sentence of the judgment dated March 22, 2011 shall stand corrected as follows:- “9. The deceased was employed in Austria as Geriatric Nurse earning 1,713 Euro per moth, according to the claimants. Ext.A6 is salary details of the deceased. Ext.A8 employment certificate of the deceased would show that he was employed in the city of Vienna in the capacity of Full-time Medical Orderly during 1996- 2007. The Tribunal assessed monthly income of the deceased as Rs.97,641/-. In assessing the monthly income of the deceased the Tribunal has committed a mistake. The deceased was earning 1,713 Euros per month. RP 493/2011 2 The exchange rate of Euro as on 19-1-2007 is 57.29. Therefore monthly earning of the deceased comes to Rs.98,138/- (Rs.1713 x 57.29). Thus, the annual earnings of the deceased would come to Rs.13,73,932/-. After deducting ½ of his personal expenses, balance amount of Rs.6,86,966/- is taken as his annual contribution to his family. The Tribunal adopted a multiplier of 5, which is not seriously challenged. Thus calculated for the loss of dependency, the claimants are entitled to a compensation of Rs.34,34,830/- (Rs.6,86,966/- x 5). The claimants are entitled to an additional compensation of Rs.17,410/-.As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. The Tribunal awarded Rs.10,000/- as costs. The claimants are entitled to proportionate costs for the compensation already awarded and also for the enhanced compensation. The Tribunal awarded interest only @ 7% per annum, which appears to be very low. The claimants are entitled to interest @ 7.5% per annum from the date of petition till RP 493/2011 3 realization for the compensation already awarded and also for the enhanced compensation. In the result, M.A.C.A. No.290/2010 is disposed of and M.A.C.A. No.2294/2010 is dismissed.” V.RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE mn.