NEW INDIA ASSURANCE CO LTD Vs. SELVARANI

JUDGEMENT

(1.) The Insurance Company has come forward with this appeal against the grant of an award of Rs. 8,09,160/-, in respect of death of a 52 years old employee in MCOP. No. 284 of 2004 on the file of the Learned Motor Accident Claims Tribunal (Principal District Judge) at Vellore.

(2.) The accident is admitted, liability is admitted and only the quantum is questioned. Even on the quantum, the main ground of attack was that the lower court without taking into consideration that the person would retire at the age of 58 has applied the multiplier theory throughout whereas after retirement, his salary would be reduced and the pension would be only 50%. This calculation has not been done by the Court below. This is the main contention raised by the learned Counsel for the Appellant. Hence, the appeal.

(3.) The learned Counsel for the claimants contended that even though he may retire, that does not mean that amount is lost. Nowadays, the pension is almost 60% and he would have also earned outside after retirement. Hence, if this point is taken into consideration, the calculation made is correct and he would have earned as that of his time in service. Therefore, the award granted by the Tribunal is fair, reasonable and correct and prayed for the dismissal of the appeal.