The Oriental Insurance Company … vs Bhavani Amma on 18 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 230 of 2006()


1. THE ORIENTAL INSURANCE COMPANY LIMITED
                      ...  Petitioner

                        Vs



1. BHAVANI AMMA, KALLANVILA VEEDU,
                       ...       Respondent

2. SUKUMARAN NAIR, S/O. BHAVANI AMMA,

3. RAVEENDRAN NAIR, S/O. BHAVANI AMMA,

4. SREEDEVI AMMA, D/O. BHAVANI AMMA,

5. VASANTHAKUMARI AMMA,

6. USHA, D/O. BHAVANI AMMA, DO.  DO.

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  :SRI.M.DINESH

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :18/09/2008

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       HARUN-UL-RASHID, JJ.
                  --------------------------------------------
                      M.A.C.A. No. 230 OF 2006
                  --------------------------------------------
              Dated this the 18th day of September, 2008

                                JUDGMENT

Ramachandran Nair,J.

Heard standing counsel for the appellant, and counsel for the

respondents. Senior counsel appearing for the appellant contended that

the multiplier adopted with reference to the age of the deceased is not

correct. We find that the contention of the appellant is tenable because

going by the age of the first respondent who is the legitimate claimant

for the compensation, the multiplier should have been only five as

against 16 applied by the MACT with reference to the age of the

deceased. Counsel for the respondents contended that income fixed is

very low and besides this compensation awarded for loss of love and

affection for the mother and for the unmarried sisters is too low. We

find force in this contention also. In view of the steady increase in

wages and since the deceased died on 1.3.2001, we refix the net income

after personal expenses at Rs. 3000/-. Applying the correct multiplier

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of five, the compensation for loss of dependency will be Rs. 1,80,000/-

as against Rs. 2,68,800/- granted by the MACT. However for loss of

love and affection, we increase the compensation by another Rs.

20,000/-, because the deceased was unmarried and on him the first

respondent and his unmarried sisters depended.

Appeal will stand allowed to the above extent.

(C.N.RAMACHANDRAN NAIR)
Judge.

(HARUN-UL-RASHID)
Judge.

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