IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 MACA.No. 1149 of 2008() ----------------------- OPMV.1498/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT:3RD RESPONDENT: --------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED., NEYYATINKARA NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: APPLICANTS: ---------------------------------------------- 1. KRISHNANKUTTY, S/O.VASUDEVA PANICKER, AJI BHAVAN, CHITHIRA, CHAMAVILA, DALUMMUGAM.P.O, NEYYATINKARA TALUK. 2. VILASINI, D/O. PONNAMMA, KAVUVILA PUTHEN VEEDU, MALAIKKADA, NADOORKOLLA DESOM, KOLLAYIL VILLAGE, NEYYATINKARA TALUK. 3. SYAMALA, D/O. PONNAMMA, CHERUVATTOORKONAM, RODARIKATHU KADAYARA PUTHEN VEEDU, MALAIKKADA, -DO- 4. BABU, S/O. VASUDEVA PANICKER, CHERUVATTOORKONAM, -DO- 5. AMBILY, D/O. PONNAMMA, -DO- BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------- M.A.C.A.No.1149 OF 2008 ------------------------------------- Dated 11th July, 2008 JUDGMENT Koshy,J . A woman aged 60 years sustained fatal injuries in a motor accident on 6.2.2003. In the application, it was mentioned that her monthly income was Rs.1,500/=. But, the Tribunal, considering the fact that the accident occurred in 2003 and also considering the fact that she was a mother and also doing the household works apart from the other job, fixed Rs.2,000/= as the monthly income. In Lata Wadhwa and others v. State of Bihar and others ((2001) 8 SCC 197) the Hon'ble Supreme Court has held that considering the service of a house wife, at least Rs.3,000/= can be fixed as monthly income for the death of an unemployed lady. Total compensation awarded was only Rs.1,20,000/-. Considering the total amount awarded for the death of a woman and also considering the fact that the accident occurred in 2003, it cannot be stated that the amount awarded is exorbitant so as to interfere in an appeal. The appeal is dismissed. J.B.KOSHY JUDGE V.K.MOHANAN JUDGE tks