IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 827 of 2004()
1. NATIONAL INSURANCE COMPANY LTD.
... Petitioner
Vs
1. USHAKUMARI V.K.WIDOW OF LATE
... Respondent
2. ASHA MANIYAPPAN (MINOR),
3. ASHISH MANIYAPPAN (MINOR) REP. BY HIS
4. KUNJAN GANGADHARAN, S/O.KUNJAN,
5. AMBUJAKSHY, W/O.KUNJAN GANGADHARAN,
6. ULAHANNAN DEVASSIA, S/O.DEVASSIA,
For Petitioner :SMT.RAJI T.BHASKAR
For Respondent :SRI.MOHAN JACOB GEORGE
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :02/04/2009
O R D E R
R. BASANT &
C.T. RAVIKUMAR, JJ.
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M.A.C.A. No. 827 of 2004
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Dated this the 2nd day of April, 2009
JUDGMENT
Basant,J.
The appellant was the 2nd respondent/insurer before the
Tribunal. Claimants had claimed compensation against
respondents 1 and 2 – the owner and insurer, in respect of loss
suffered by them as a result of the death of their predecessor
in a motor accident which occurred on 23/11/97.
2. The Tribunal, on an anxious consideration of all the
relevant inputs, came to the conclusion that the claimants i.e.,
the wife, two minor children and parents of the deceased are
entitled for a total amount of Rs.6,73,000/- as compensation
along with interest at the rate of 9% per annum and costs.
3. The appellant claims to be aggrieved by the impugned
award. What is the grievance? Called upon to explain the
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precise nature of the grievance of the appellant, the learned
counsel for the appellant submits that the quantum of
compensation awarded under the head of loss of dependency i.e.,
Rs.6,60,000/- (Rs.5,500/- x 12 x 2/3 x 15) is excessive and
unreasonably high.
4. There is no dispute about the correctness of the
multiplier. Going by the age of the deceased and the age of the
claimants, lesser multiplier of 15 applicable to the deceased was
correctly taken by the Tribunal.
5. The learned counsel for the appellant contends that
Rs.5,500/- per mensem reckoned as the multiplicand is not
correct. The deceased is shown to be aged 38 years. The
document produced i.e., Ext.A8 shows that he was employed as
an Electrician in the Travancore Electro Chemicals and was
earning an income of Rs.5,500/- per mensem. The Tribunal did
not evidently take note of the future improvement and prospects
in the employment and accepted the present salary of Rs.5,500/-
as the multiplicand. The learned counsel for the appellant
contends that the said establishment i.e., the Travancore Electro
Chemicals was locked out during the period and, in these
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circumstances, the Tribunal erred in accepting the amount
shown in Ext.A8 as the multiplicand applicable for the entire
period of 15 years. The learned counsel further points out that
the author of Ext.A8 has not been examined also.
6. There is no serious dispute on the question that the
deceased was an Electrician. He had a family consisting of wife
and two minor childing in addition to parents depending upon
him. Evidently he was maintaining them with his earnings.
Ext.A8 certificate has been produced. It is further shown,
without any controversy, that the deceased had a stable
employment in the Travancore Electro Chemicals. The only
contention is that Ext.A8 has not been strictly proved and that
the said Company was locked out for some period due to strike.
There is no tangible evidence made available to show the period
of lock out. Even assuming that there has been lock out, it
would be idle to refuse to recognise the stable employment of
the deceased and the income therefrom merely on the ground
that there was lock out in the company at some point of time. In
any view of the matter, we are not satisfied that the quantum of
compensation awarded under the head of loss of dependency
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suffers from any defect or vice as to justify or warrant appellate
interference.
7. We are, in these circumstances, satisfied that this
appeal only deserves to be dismissed.
8. This appeal is accordingly dismissed.
R. BASANT
(Judge)
C.T. RAVIKUMAR
(Judge)
Nan/
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