Kerala High Court
The Oriental Insurance Co. Ltd vs Prasannakumari.T @ Prasanna G. Menon on 7 October, 2008
Author: Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 2ND DAY OF APRIL 2013/12TH CHAITHRA 1935
MACA.No. 1038 of 2009 ( )
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AGAINST THE ORDER/JUDGMENT IN OPMV.250/2004 of M.A.C.T.,ERNAKULAM
DATED 07-10-2008
APPELLANT(S)/2ND RESPONDENT:
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THE ORIENTAL INSURANCE CO. LTD.
ERNAKULAM, REPRESENTED BY ITS ASSISTANT, MANAGER
REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENT(S)/CLAIMANTS:
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1. PRASANNAKUMARI.T @ PRASANNA G. MENON
W/O.V.GOPALAKRISHNA MENON, RESIDING AT, PULARI
SHOM VILLAS, MANIMALA ROAD, ERNAKULAM P.O.
KOCHI-26, ERNAKULAM DISTRICT.
2. ARAVIND G.MENON, S/O.
GOPALAKRISHNA MENON, RESIDING AT PULARI, SHOM VILLAS
MANIMALA ROAD, ELAMAKKARA P.O., KOCHI-26
ERNAKULAM DISTRICT.
BY ADV. SRI.K.J.MANU RAJ
BY ADV. SMT.P.C.JEEVA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
02-04-2013, ALONG WITH CO. 50/2009, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
S.SIRI JAGAN & BABU MATHEW P.JOSEPH, JJ.
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M.A.C.A.No. 1038/2009 &
Cross Objection No.50/2009
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Dated this the 2nd day of April, 2013
J U D G M E N T
Siri Jagan, J.
This M.A.C.A. is filed by the insurance company in O.P. (M.V).No. 250/2004 before the Motor Accidents Claims Tribunal, Ernaulam. The O.P.(M.V). was filed by the respondents herein, who are the mother and younger brother of deceased Amith.G. Menon, who died at the age of 25, in a motor accident on 11.9.2003, caused by the negligent driving of a vehicle insured with the appellant. He was employed as a IIIrd Officer in Merchant Navy. The Tribunal, after finding negligence on the part of the driver of the vehicle insured with the appellant, awarded compensation under various heads as follows;
Amount
Head of claim awarded
`
1 Medical expenses 97,602.00
2 Transportation & funeral expenses 5,000.00
3 Shock, pain and sufferings 10,000.00
4 Loss of dependency 15,60,000.00
5 Loss of love and affection 10,000.00
6 Loss of estate 10,000.00
Total 16,92,602.00
M.A.C.A.1038/09 - : 2 :-
The appellant is aggrieved by the fixation of the multiplicand and the multiplier for calculating loss of dependency. The appellant raises two contentions. The first is that the fixation of ` 10,000/- as the monthly salary is on the higher side. The second is that the deceased was a bachelor and he would have married after some time, in which case, dependency would have been much less after marriage.
2. The respondents have filed a cross objection dissatisfied with the quantum of compensation awarded. They would submit that the fixation of monthly salary itself is on the lower side, when the deceased was actually drawing a salary of ` 70,000/- per month.
3. We have considered the rival contentions in detail.
4. The respondents have adduced sufficient evidence to prove that the deceased was employed in the Merchant Navy. This Court can take judicial notice of the fact that the employment in the Merchant Navy is not very easy to get and that because of the very difficult conditions of their employment, the employees in the Merchant Navy are paid very high salary. In the above circumstances, we are of opinion that the fixation of monthly salary of the deceased as ` 10,000/- is not at all M.A.C.A.1038/09 - : 3 :-
excessive. Therefore, we are not inclined to interfere with the monthly salary fixed by the Tribunal. The mother of the deceased was 48 years at the time of the death of her son. Based on the same, 13 was adopted as the multiplier, which also does not appear to be wrong at all. Therefore, we do not find any merit in the contentions of the appellant in the appeal.
5. As far as the cross objections are concerned, we feel that the mother cannot claim to draw the very same dependency after a possible marriage of her son. In such circumstances, we are not inclined to enhance the compensation awarded by the Tribunal as well. Accordingly, both the appeal and the cross objections are dismissed.
Sd/-
S.SIRI JAGAN, JUDGE Sd/-
sdk+ BABU MATHEW P.JOSEPH, JUDGE
///True copy///
P.A. to Judge
M.A.C.A.1038/09 - : 4 :-