IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1346 of 2002(B)
1. THE NEW INDIA ASSURANCE COMPANY LTD.,
... Petitioner
Vs
1. REMLA, WIDOW OF DECEASED BASHEER,
... Respondent
2. SHEEJAMOL, D/O. DECEASED BASHEER,
3. SHIHABUDHEEN, S/O. DECEASED BASHEER,
4. SIYAD, S/O. DECEASED BASHEER,
5. SAVAD, S/O. DECEASSED BASHEER,
6. MOHAMMED SADIQUE, S/O. HAMEED,
7. K.N. RAHIB, S/O. MOHAMMED KUNJU,
For Petitioner :SRI.LAL GEORGE
For Respondent :SRI.A.MOHAMMED
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :13/02/2008
O R D E R
J.B.KOSHY & K.HEMA, JJ.
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M.F.A.No.1346 OF 2002
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Dated 13th February, 2008
JUDGMENT
Koshy,J.
Quantum of compensation awarded by the Tribunal is
challenged by the insurance company in this appeal. A man aged 42
years who was maintaining a large family sustained fatal injuries and
died in a motor accident due to the negligence of the driver of the vehicle
insured by the appellant insurance company. Taking guidance from the
second schedule, 15 was taken as the multiplier. The deceased was
conducting fish vending business and also stationery business.
According to the claimants, his monthly income was Rs.4,000/=. Income
certificate was also produced. However, Tribunal assessed Rs.3,000/=
as his monthly income and compensation was calculated. We are of the
opinion that only just and reasonable compensation was awarded and no
interference is necessary in the same.
The appeal is dismissed.
J.B.KOSHY
JUDGE
K.HEMA
JUDGE
tks