IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 395 of 2008()
1. UNITED INDIA INSURANCE COMPANY LIMITED,
... Petitioner
Vs
1. KADEEJA, W/O.(LATE) ABDUL KAREEM,
... Respondent
2. NAJIYA (MINOR) D/O.LATE ABDUL KAREEM,
3. MUHAMMED NAJAH (MINOR),
4. FATHIMA, W/O. LATE AMMAD KOYA, -DO--DO-.
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :05/06/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
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M.A.C.A. No.395 of 2008
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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.
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M.A.C.A. No. 395 of 2008
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Judgment
Dated:5th June, 2008