High Court Kerala High Court

Sreekala vs The Secretary on 5 March, 2009

Kerala High Court
Sreekala vs The Secretary on 5 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 350 of 2006()


1. SREEKALA, W/O.LATE P.R.PRADEEP RAJ
                      ...  Petitioner
2. JEEVAN RAJ, MINOR, S/O.LATE

                        Vs



1. THE SECRETARY,
                       ...       Respondent

2. JAYACHANDRAN, S/O.KARUNAKARAN NAIR,

3. RAJARATNAM, PANDARIKKAL HOUSE,

4. RADHA, W/O.RAJARATNAM, PANDARIKKAL

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :SRI.MATHEWS K.PHILIP,SC, BSNL

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :05/03/2009

 O R D E R
                 R. BASANT & C.T. RAVIKUMAR, JJ.
              ---------------------------------------------------------
                         M.A.C.A. NO.350 OF 2006
              ---------------------------------------------------------
                   Dated this the 5th day of March, 2009

                                  JUDGMENT

Basant, J.

The claimants before the Tribunal are the appellants before us. They

claimed compensation for the loss suffered by them consequent to the

death of the deceased who was the husband of the first appellant and father

of the second appellant. The parents of the deceased filed a separate claim

petition. Both the petitions were disposed of earlier by the Tribunal and

the respondents filed two appeals against the common award. The

appellants herein also filed an appeal challenging the quantum of

compensation awarded.

2. Another Division Bench of this Court, as per judgment dated

6.1.2003 in M.F.A. Nos. 500 of 1994, 501 of 1994 and 1081 of 1999,

considered the question in detail and dismissed the appeal filed by the

appellants herein, but allowed the appeals filed by the respondents. We

extract the operative portion of the said common judgment below:

M.A.C.A. NO.350/2006 2

“8. As already mentioned above, the
appropriate multiplier shall be 20. Accordingly,
the compensation payable to the claimants has to
be recalculated applying the multiplier of 20
instead of 26 adopted by the Tribunal.

9. Therefore, M.F.A.Nos.500 and 501 of
1994 are allowed in part and M.F.A. No.1081 of
1999 is dismissed. In all other respects the
award is confirmed.”

3. The matter went back to the Tribunal. The Tribunal followed the

directions of the Division Bench and recalculated the compensation

payable, accepting all the other details which were accepted in the earlier

judgment, but reckoning the multiplier as 20 instead of 26. Accordingly,

the impugned order was passed.

4. The appellants claim to be aggrieved by the impugned award.

What is their grievance? The short contention raised by the learned

counsel for the appellants is that the multiplicand reckoned by the Tribunal

is totally incorrect. The Tribunal had not taken into account the future

prospects of the deceased, contends counsel.

5. We are afraid, it is too late in the day for the appellants to

advance such a contention. In the light of the earlier judgment of the

Division Bench in M.F.A. No.500 of 1994 and connected matters, it

M.A.C.A. NO.350/2006 3

cannot be disputed that it was not an open remand, but a closed remand

and the only direction to the Tribunal after such remand was to rework the

compensation adopting 20 instead of 26 as the multiplier. The appeal

preferred by the appellants was specifically dismissed and the award

impugned in those appeals was upheld “in all other respects”.

6. In the light of the very clear finding/direction in the earlier order

of remand, the appellants cannot be heard to advance any grievance

against findings/conclusions confirmed by the earlier judgment of the

Division Bench. It follows that the appeal deserves and can only be

dismissed . We do so. No costs.

(R. BASANT)
JUDGE

(C.T. RAVIKUMAR)
JUDGE

sp/

M.A.C.A. NO.350/2006 4

R. BASANT &
C.T. RAVIKUMAR, JJ.

M.A.C.A. NO.350/2006

JUDGMENT

5th March, 2009