The Oriental Insurance Co.Ltd vs Tharanath on 10 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1207 of 2006(A)


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

                        Vs



1. THARANATH, EDRUTHOD,
                       ...       Respondent

2. DIVYA, EDRUTHOD, P.O.EDNEER,

3. DISHANTH, EDRUTHOD,

                For Petitioner  :SRI.GEORGE CHERIAN (THIRUVALLA)

                For Respondent  :SRI.K.V.SOHAN

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

 Dated :10/12/2008

 O R D E R
                 C .N. RAMACHANDRAN NAIR &
                       HARUN-UL-RASHID, JJ.
                 --------------------------------------------
                     M.A.C.A. No. 1207 OF 2006
                 --------------------------------------------
               Dated this the 10th day of December, 2008

                               JUDGMENT

Ramachandran Nair,J.

Appeal is filed by the insurance company challenging the award

passed in favour of respondents. We have heard standing counsel

appearing for the appellant and counsel appearing for the respondents.

We find force in the contention of the appellant that the age of the

deceased adopted as 37 is absolutely wrong because in the postmortem

report the age is declared as 52. Moreover the deceased was a

government employee and the age was known to the parties who

declared the same to the doctor who stated in the postmortem report. In

fact there is understatement of age of husband of the deceased only to

mislead the MACT. The deceased being a government employee

would have retired in three years’ time from the date of death.

Therefore loss of dependency should be computed at full rate upto the

date of retirement and thereafter MACT should fix the loss of

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dependency for a retired employee. In view of the mistakes in the

award as indicated above, we set aside the award and direct the MACT

to pass fresh award after hearing the parties, within a period of two

months from the date of production of a copy of this judgment by either

party.

Since we are sure that the total compensation of fresh award will

not be less than Rs. 3 lakhs, Tribunal is directed to release the amount

already deposited by the company to the beneficiaries or deposit in the

name of minors if any, as the case may be, and adjust the same against

final award to be passed in the matter.

Appeal stands allowed as above.

(C.N.RAMACHANDRAN NAIR)
Judge.

(HARUN-UL-RASHID)
Judge.

kk

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