IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1149 of 2008()
1. THE NEW INDIA ASSURANCE CO. LTD.,
... Petitioner
Vs
1. KRISHNANKUTTY, S/O.VASUDEVA PANICKER,
... Respondent
2. VILASINI, D/O. PONNAMMA, KAVUVILA
3. SYAMALA, D/O. PONNAMMA,
4. BABU, S/O. VASUDEVA PANICKER,
5. AMBILY, D/O. PONNAMMA, -DO-
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.K.MOHANAN
Dated :11/07/2008
O R D E R
J.B.KOSHY & V.K.MOHANAN, JJ.
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M.A.C.A.No.1149 OF 2008
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Dated 11th July, 2008
JUDGMENT
Koshy,J.
A woman aged 60 years sustained fatal injuries in a motor
accident on 6.2.2003. In the application, it was mentioned that her monthly
income was Rs.1,500/=. But, the Tribunal, considering the fact that the
accident occurred in 2003 and also considering the fact that she was a mother
and also doing the household works apart from the other job, fixed Rs.2,000/=
as the monthly income. In Lata Wadhwa and others v. State of Bihar and
others ((2001) 8 SCC 197) the Hon’ble Supreme Court has held that
considering the service of a house wife, at least Rs.3,000/= can be fixed as
monthly income for the death of an unemployed lady. Total compensation
awarded was only Rs.1,20,000/-. Considering the total amount awarded for the
death of a woman and also considering the fact that the accident occurred in
2003, it cannot be stated that the amount awarded is exorbitant so as to
interfere in an appeal.
The appeal is dismissed.
J.B.KOSHY
JUDGE
V.K.MOHANAN
JUDGE
tks