IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 MACA.No. 395 of 2008() ---------------------- OPMV.2601/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/3RD RESPONDENT: ------------------------------------------------- UNITED INDIA INSURANCE COMPANY LIMITED, KOZHIKODE NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, "SHARANYA",HOSPITAL ROAD,KOCHI-11 BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS: PETITIONERS: ------------------------------------------------ 1. KADEEJA, W/O.(LATE) ABDUL KAREEM, KANNORAKANDYOTH HOUSE, EKAROOL P.O., VALLIYOTH, KOZHIKODE. 2. NAJIYA (MINOR) D/O.LATE ABDUL KAREEM, -DO- -DO-. 3. MUHAMMED NAJAH (MINOR), S/O. LATE ABDUL KAREEM -DO- -DO-. 4. FATHIMA, W/O. LATE AMMAD KOYA, -DO--DO-. (MINOR RESPONDENTS 2 & 3 ARE REP.BY THEIR MOTHER 1ST RESPONDENT). (NO RELIEFS ARE CLAIMED AGAINST THE RESPONDENTS 1 AND 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No.395 of 2008 --------------------------------------- Dated this the 5th day of June, 2008 Judgment Koshy,J. A 27 year old young widow along with two children and mother applied for compensation for the fatal injury caused to her husband in a motor accident due to the negligence of the second respondent driver of the vehicle owned by the first respondent insured by the appellant insurance company. The claim for compensation was filed for Rs.15 lakhs. The tribunal awarded only an amount of Rs.6,98,000/- with 6% interest. The only dispute is regarding the quantum of compensation. The deceased was employed in Saudi Arabia during that time. The accident occurred on 6.8.2001. The visa was being renewed periodically. The passport was produced. It shows that he was in Saudi Arabia and came from SAudi Arabia and he was holding a visa till October, 2001. Therefore, at the time of accident, he was employed in Saudi Arabia. According to the claimants, he was getting Rs.30,000/- per month as a driver. Driving licence was produced. The Supreme Court in United Insurance Co. Ltd. v. Patricia Jean Mahajan and W.A.No. /2002 2 others (JT 2002 (5) SC 74) held that for calculating income of a person employed abroad the exchange rate can be taken into account. Here, the tribunal took only Rs.5,000/- as income against a claim of Rs.30,000/- per month. A person employed in a foreign country will get more than that. Otherwise, he would not go to foreign country leaving the family here and tribunal has also taken the multiplier taking guidance from the second schedule. In the above circumstances, it cannot be stated that Rs.5,000/- taken as monthly income is on the high side. Tribunal again deducted one- third for calculating the compensation. In no stretch of imagination, we can say that the amount calculated by the tribunal is excessive. Therefore, appeal filed at the instance of the insurance company is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. /2002 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 395 of 2008 ------------------------------------- Judgment Dated:5th June, 2008