IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1360 of 2006(D) ------------------------------------- O.P(MV).NO.265/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL. .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., MYDHILI MANDIRAM, JANATHA JUNCTION, PALARIVATTOM, KOCHI-682025. BY ADV. SRI.RAJAN P.KALIYATH. RESPONDENTS/ CLAIMANTS & RESPONDENTS 1: ----------------------------------------------------------------------- 1. GANGADHARAN, S/O. GOVINDAN, AGED 75 YEARS, VRINDA BHAVAN, KARICHIYIL, ATTINGAL. 2. PRASANNAKUMARI, D/O.GANGADHARAN, AGED 42 YEARS, THEKKATHIL VEEDU, PAROTTUKONAM, NALANCHIRA. 3. BABY SULEKHA, D/O. GANGADHARAN, AGED 40 YEARS, PRABHATHAM, VENJARAMOODU. 4. G. VIJAYAMURALI, S/O. GANGADHARAN, AGED 38 YEARS, VRINDA BHAVAN, KARICHIYIL,ATTINGAL. 5. G. PRASANTHI, D/O. GANGADHARAN, VRINDA BHAVAN, KARICHIYIL, ATTINGAL. 6. MOHAN ZAKARIYA MATHEW, MANKOTATHIL VEEDU, EDAPPALLI, KOCHIN. (2ND RESPONDENT IN THE OP(MV) THE DRIVER OF THE VEHICLE IS NOT MADE A PARTY IN THIS APPEAL AS NO RELIEF HAS BEEN CLAIMED AGAINST HIM). ADV. SRI.M.DINESH FOR R2 TO R5. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED FOLLOWING: M.A.C.A. NO. 1360/2006-D: ORDER ON I.A. NOS. 1514/2006 & 1245/2008 IN M.A.C.A. NO. 1360/2006-D DISMISSED SD/- J.B.KOSHY, JUDGE. 04/07/2008. SD/- P.N.RAVINDRAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 1360 of 2006 --------------------------------------- Dated this the 4th day of July, 2008 Judgment Koshy,J. A sixty year old lady sustained fatal injuries on 28.10.2000 and succumbed to the injuries. Her husband and children filed an application for compensation alleging that the accident occurred due to the negligence of the driver of the vehicle insured by the appellant insurance company. The tribunal after finding that the offending vehicle was insured by the appellant directed the appellant to deposit Rs.1,86,500/-. The contention of the appellant is that the amount ordered was very high. It is also contended that 9% interest per annum is also very high. Compensation for dependency and loss of family contribution ordered was only Rs.84,000/-. It is true that Rs.10,000/- was awarded towards loss of consortium is little on the high side. The tribunal calculated compensation taking '5' as the multiplier as per the second schedule. According to the claimant, the deceased was employed and was getting Rs.3,000/- per month, but, the tribunal has taken only Rs.2,000/- as monthly income. The accident M.A.C.A.No. 1360/2006 2 occurred in the year 2000. The Supreme Court in the decision reported in Latha Wadhwa and others v. State of Bihar and others ((2001) 8 SCC 197) held that even Rs.3,000/- can be taken as the monthly income for a housewife who was not employed for the services done to the house. Apart from the alleged income, she was doing household activities and nursing her husband. Only '5' was taken as the multiplier. The total amount of compensation awarded for the death of the deceased cannot be said to be very high so as to warrant interference in an appeal. Considering the rate of interest now prevailing, we are also of the view that no interference is required in the rate of interest granted at 9%. Grant of interest is on the discretion of the tribunal. (See: National Insurance Co. Ltd. v. Keshav Bahadur and others - AIR 2004 SC 1581). Unless the rate of interest is so exhorbitant, appellate court cannot interfere in the same. No grounds are made out for interference in the impugned award in appellate proceedings. Hence, appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No. 1360/2006 3 M.A.C.A.No. 1360/2006 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 1360 of 2006 ------------------------------------- Judgment Dated:4th July, 2008