High Court Kerala High Court

The Oriental Insurance Co.Ltd vs Johnson on 17 December, 2008

Kerala High Court
The Oriental Insurance Co.Ltd vs Johnson on 17 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1020 of 2004()


1. THE ORIENTAL INSURANCE CO.LTD.,
                      ...  Petitioner

                        Vs



1. JOHNSON S/O. M.G.LOUIS,
                       ...       Respondent

2. M.G.JOHN, AGED 55 YEARS,

3. ANNAKUTTY JOHN W/O. M.G.JOHN

4. SIJU JOHN AGED 23 YEARS

5. SAIJU JOHN, AGED 21 YEARS

6. SIJO JOHN AGED 19 YEARS

                For Petitioner  :SRI.VPK.PANICKER

                For Respondent  :SRI.SAIBY JOSE KIDANGOOR

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

 Dated :17/12/2008

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       HARUN-UL-RASHID, JJ.
                  --------------------------------------------
                      M.A.C.A. No. 1020 OF 2004
                  --------------------------------------------
              Dated this the 17th day of December, 2008

                                JUDGMENT

Ramachandran Nair,J.

Heard standing counsel appearing for the appellant and counsel

appearing for the respondent. Even though counsel for the appellant

raised various objections against high multiplicant and multiplier

applied, we feel modification is called for in respect of multiplier

applied because considering the age of parents the multiplier should be

11 as against 18 applied by MACT. Compensation for loss of

dependency even without taking into account the possible marriage of

the deceased later in life, will be Rs. 2,64,000/- as against Rs.

4,32,000/- fixed by MACT.

Appeal stands allowed in part by reducing the compensation on

account of loss of dependency as above. Award on all other points

including interest granted by MACT will stand.

(C.N.RAMACHANDRAN NAIR)
Judge.

(HARUN-UL-RASHID)
Judge.

kk

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