High Court Kerala High Court

The New India Assurance Company … vs Remla on 13 February, 2008

Kerala High Court
The New India Assurance Company … vs Remla on 13 February, 2008
       

  

  

 
 
  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.
                        --------------------------------------
                        M.F.A.No.1346 OF 2002
                        -------------------------------------
                        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