IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 169 of 2002(D)
1. MARIAMMA, W/O.LATE JOSEPH,
... Petitioner
2. ALEYAMMA, W/O.JOSEPH KUZHIKKATU HOUSE,
3. BABU, S/O.LATE JOSEPH, KUNNEL HOUSE,
Vs
1. JOJI JOSEPH, KAVUMKAL HOUSE,
... Respondent
2. NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :06/02/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A. No. 169 of 2002
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Dated this the 6th day of February, 2008
Judgment
Koshy,J.
An unmarried man claiming to be a cleaner of a lorry
died in a motor accident during the course of employment. His
mother, brother and sister applied for compensation amounting to
Rs.2,92,500/-. The tribunal has awarded compensation of
Rs.1,28,750/- with 12% interest from the date of petition till the date
of payment. The claim petition was filed on 16.2.1996. Award was
passed only on 12.6.2000. Mother was aged 51 at the time of
accident. According to the insurance company, it was an ‘Act policy’
and being a cleaner, he will be entitled to only the amount that can
be awarded doubly under the Workmen’s Compensation Act which
will be a lower amount than that is awarded (Ramashray Singh v.
New India Assurance Co. Limited and others – AIR 2003 SC 2877).
Though this contention was not taken up before the tribunal, that is
a matter to be considered when claimants filed appeal for
enhancement of compensation and insurance company opposing
M.F.A.No. 169/2002 2
the same raising this point. As per the Workmen’s Compensation
Act, maximum salary that can be taken into account is only
Rs.1,000/-. In any event, considering the age of the mother, total
amount awarded with rate of interest awarded etc., it cannot be
stated that the amount awarded is too low. We see no ground to
interfere in the award and, hence, the appeal is dismissed.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No. 169/2002 3
J.B. KOSHY
AND
K.HEMA ,JJ.
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M.F.A. No. 169 of 2002
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Judgment
Dated:6th February, 2008