Appeal against Motor Accident Claims Tribunal award on compensation for death. Bench upheld Tribunal's application of multiplier 9 relying on Jayasree N case. Appeal dismissed.
No costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 MACA NO. 2210 OF 2017
AGAINST THE AWARD IN OPMV 1279/2008 DATED 10-2-2017 ON THE FILE OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM.
APPELLANT/3RD RESPONDENT :
THE ORIENTAL INSURANCE COMPANY LTD NEYYATTINKARA, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADVS. SRI.GEORGE CHERIAN (SR.) SMT.LATHA SUSAN CHERIAN SMT.K.S.SANTHI
RESPONDENTS/CLAIMANTS :
*1 C.S VALSALA, W/O.LATE BABU, SUJI BHAVAN, PULLANIVILA, THUNDATHIL PO, KARYAVATTOM, THIRUVANANTHAPURAM, PIN-695 001.
*2 JINI BABU D/O.LATE BABU, SUJI BHAVAN, PULLANIVILA, THUNDATHIL PO, KARYAVATTOM, THIRUVANANTHAPURAM, PIN-695 001.
*3 SUMESH BABU, S/O.LATE BABU, SUJI BHAVAN, PULLANIVILA, THUNDATHIL PO, KARYAVATTOM, THIRUVANANTHAPURAM, PIN-695 001.
MACA No.2210 of 2017 2
4 CHELLAMMA,
W/O.LATE BALANKANI (DIED), SUJI BHAVAN, PULLANIVILA, THUNDATHIL PO, KARYAVATTOM, THIRUVANANTHAPURAM, PIN-695 001.
*** LEGAL REPRESENTATIVES RECORDED**
RESPONDENT NUMBERS 1 TO 3 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF DECEASED 4TH RESPONDENT, AS PER ORDER DATED 25-08-2020 IN I.A NO.1 OF 2020 IN MACA NO.2210 OF 2017.
R1 TO R3 BY ADVS. SRI.BENOJ C AUGUSTIN SRI.U.M.HASSAN SMT.P.JYOTHY SMT.J.KASTHURI SRI.PRATHAP PILLAI SMT.P.PARVATHY SRI.RAFEEK. V.K. SRI.SAIJO HASSAN SRI.VISHNU BHUVANENDRAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No.2210 of 2017 3
P.SOMARAJAN, J.
------------------------------------------------
MACA No.2210 of 2017
---------------------------------------------------Dated this the 24th day of May, 2022.
J U D G M E N T
The dispute is pertaining to the multiplier applied regarding the computation of compensation on account of the death of a victim, who was employed as a Chief Telephone Supervisor, aged 57.
by the Apex court in Jayasree N and Others v. Cholamandalam MS General Insurance Company Ltd. (2021(6) KHC 163) . Hence there is no merit in the appeal. The
appeal is dismissed. No costs.
Sd/- P. SOMARAJAN, JUDGE
amk
1 issue framed by the court
Whether the Tribunal erred in applying the multiplier of 9 for computing compensation due to death.
Colour shows how this judgement treated each authority
Jayasree N and Others v. Cholamandalam MS General Insurance Company Ltd.Relied on¶28
Jayasree N and Others v. Cholamandalam MS General Insurance Company Ltd. (2021(6) KHC 163)
The Oriental Insurance Company Ltd
C.S Valsala
Jini Babu
Sumesh Babu
Chellamma
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
