IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 931 of 2004() ---------------------- OPMV.370/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT IN THE OP(MV): ----------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, PALAI BRANCH, REPRESENTED BY THE ASSISTANT MANAGER, NATIONAL INSURANCE COMPANY, MOTOR THIRD PARTY CLAIMS SECTION, AJAY VIHAR, M.G.ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE RESPONDENTS/PETITIONERS & 1ST RESPONDENT IN THE OP(MV): ---------------------------------------------------------- 1. P.M.MANI, PULLAMTHANICKAL HOUSE, MARANGATTUPALLY P.O., KURICHITHANAM VILLAGE. 2. VINO MANUEL, PULLAMTHANICKAL HOUSE, MARANGATTUPALLY P.O., KURICHITHANAM VILLAGE. 3. SIVY MANUEL, PULLAMTHANICKAL HOUSE, MARANGATTUPALLY P.O., KURICHITHANAM VILLAGE. 4. CEENA MANUEL, PULLAMTHANICKAL HOUSE, MARANGATTUPALLY P.O., KURICHITHANAM VILLAGE. 5. C.J.KURIAN, S/O. OUSEPH, PUTIYAKULANGARA HOUSE, ELACKADU P.O., VAYALA. ADV. SRI.MATHEW JOHN (K) FOR R1 TO 4 SRI.SUJESH MENON V.B. FOR R1 TO R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.931 of 2004 - D =============================== Dated this the 18th day of November, 2008. J U D G M E N T KOSHY, J. The 1st petitioner's wife died in an accident which occurred on 15.1.1998. Her husband and three children filed an application for compensation. Tribunal awarded compensation taking Rs.3,000/- as monthly income and Rs.36,000/-per annum. This appeal is filed by the insurance company. The only contention is that Rs.3,000/-taken as monthly income is on the high side. In the claim petition it is stated that from rearing cows etc., the deceased was getting Rs.1,500/- apart from her services to the family. She was doing all work in the house. She was nurturing three children and the service of a house wife is not valueless. Considering her age, 47 years at the time of accident, if 2nd schedule is taken, 13 is the multiplier. But Tribunal has taken 12.5 as multiplier. Considering the total amount awarded and M.A.C.A.No.931 of 2004 - D 2 considering the circumstances of the case, we are of the opinion that no interference is called for in the award. The appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-