IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 201 of 2004(B) ----------------------------------- O.P(MV).NO.1455/1999 OF M.A.C.T.,PERUMBAVOOR. .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, MATTANCHERRY, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.). RESPONDENTS/ PETITIONERS: --------------------------------------------- 1. ABOOBAKER, S/O.MEETHEEN, MANIYAMPARA HOUSE, MANNAYATH MOOLA, EDATHALA, ALUVA. 2. SHAMLA, W/O.NASSAR, POOVATHINGAL HOUSE, CHOONDY, ALUVA. 3. FAISAL, S/O.ABOOBAKER, MANIYAMARA HOUSE, MANNAYATH MOOLA, EDATHALA, ALUVA. 4. SHAMEERA (MINOR), D/O.ABOOBACKER, DO. DO. DO. M.A.C.A. NO. 201/2004-B: 5. RASHEED (MINOR) S/O. ABOOBACKER, DO. DO. 6. SHAHANA (MINOR), D/O.ABOOBACKER, DO. DO. DO. (MINOR RESPONDENTS 4 TO 6 ARE REP. BY THEIR FATHER IST RESPONDENT). ADV. SMT.M.A.VAHEEDA BABU FOR R1 TO R6, ADV. SRI.M.A.ABDUL HAKHIM FOR R1 TO R6. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 201/2004-B: ORDER ON I.A. NO. 489/2004 IN M.A.C.A. NO. 201/2004-B DISMISSED SD/- J.B.KOSHY, JUDGE. 07/08/2008. SD/- K.P.BALACHANDRAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.201 OF 2004 ------------------------------------- Dated 7th August, 2008 JUDGMENT Koshy,J . A woman aged 39 died in a motor accident on 20.10.1999 Her husband, mother and four children applied for compensation. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the appellant insurance company. The Tribunal awarded a compensation of Rs.2,80,200/= against a claim of Rs.4,00,000/=. The only contention raised by the appellant insurance company is that the amount awarded is excessive. Therefore, only that question is being considered in this appeal. The deceased was a coolie worker. According to the claimants, the deceased was getting Rs.3,000/= per month. Even if she was getting only Rs.100/= per day and she would have got 25 days' work, her monthly income can be taken as Rs.2,500/=. Apart from the above, being a house wife, her services to the family cannot be underestimated and such services are also not valueless. The Tribunal has taken only Rs.1,800/= as the monthly income and then deducting one third only Rs.1,200/= was taken as the monthly contribution to the family. Since she was aged 39, taking guidance from the second schedule 16 was taken as the multiplier and MACA.201/2004 2 calculated compensation. Considering the facts and circumstances of the case, we are of the view that the compensation awarded is just and reasonable and no interference is required in the impugned award. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks