IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1923 of 2005()
1. THE NEW INDIA ASSURANCE COMPANY LTD.,
... Petitioner
Vs
1. RESHMI G.SUBRAMANIAN, D/O.K.SUBRAMANIAN
... Respondent
2. RAHUL.S. S/O.K.SUBRAMANIAN, DO. DO.
3. K.SUBRAMANIAN, S/O.LATE.K.NAGAN, DO.
4. P.K.KOUSALYA, W/O.LATE KUTTAN, DO. DO.
5. E.RATHNA, W/O.A.SADANANDAN,
6. T.R.SUDHEESH, S/O.RAMAR,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.V.V.SURENDRAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :13/11/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 1923 OF 2005
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Dated this the 13th day of November, 2008
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for reduction of compensation awarded by
MACT. We have heard standing counsel appearing for the appellant-
insurance company and counsel appearing for the respondents. Even
though counsel for the insurance company contended that multiplier
should be adopted with reference to the age of the first claimant who is
the husband of the deceased, we do not think any modification is
required because deceased bank employee was 42 years of age at the
time of the accident and 18 years of service was left as on the date of
death. Besides this children are also claimants before the MACT.
However, we find force in the contention of standing counsel for the
insurance company that income adopted by taking into account future
increments is not justified. We have gone through the two salary
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certificates produced by the claimants. The first certificate shows that
last salary drawn by the deceased was Rs. 11047.43 and the employer
has contributed Rs. 656/- each towards PF and Pension fund. The
second certificate is the one issued by the Bank in 2004 stating the
salary the deceased would have drawn had she continued in service.
We do not think this certificate is reliable because uncertainity in future
cannot be taken into account while granting compensation after death
of the employee. Therefore compensation should have been granted
based on first certificate, which shows net salary of the deceased as
11047/-. However, taking into account the benefits she was getting
from the employer, we make up the monthly income to Rs. 12,000/-
and deducting one third towards personal expenses, loss of dependancy
is to be reckoned with reference to the monthly income of Rs. 8000/-.
Consequently, respondents will be entitled to compensation for loss of
dependancy of Rs. 14,40,000/-. We find that compensation awarded
under other heads is reasonable. The additional compensation granted
by us will carry interest at the rate of 7.5 per cent per annum from the
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date of application till date of deposit.
Appeal therefore stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
kk
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