IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 979 of 2008()
1. UNITED INDIA INSURANCE COMPANY LTD.
... Petitioner
Vs
1. P.PRABHAVATHI, AGED 42 YEARS
... Respondent
2. P.NIBI RAJ, 22 YEARS, D/O.LATE P.RAJAN,
3. P.NIMIRAJ, 19 YEARS, D/O.LATE P.RAJAN,
4. P.KALLIIANI, 74 YEARS
5. SUBHASH.D., ANANDACHE, 166, HOSUR,
6. DEVADASAN, PROPRIETOR, M/S.PRIYA
7. BRANCH MANAGER, ORIENTIAL INSURANCE
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/06/2008
O R D E R
J.B.Koshy & P.N.Ravindran, JJ.
=====================
M.A.C.A.No.979 of 2008
=====================
Dated this the 23rd day of June, 2008.
JUDGMENT
Koshy,J.
The appellant – Insurance Company challenges the award
on two grounds. The first contention raised is that the accident
occurred due to the negligence of the drivers of the jeep and
tempo van. The Tribunal found that only the driver of the tempo
van was charge sheeted. The F.I.R. also shows that there was
negligence on the part of the tempo van. The Tribunal found that
the accident occurred due to the negligence of the driver of the
tempo van. No oral or documentary evidence was adduced by
the appellant – Insurance Company or any of the respondents in
this regard. In view of the evidence in this case, the Tribunal
found negligence on the driver of the tempo van, which was
insured by the appellant – Insurance Company. Secondly it was
contended that Rs.4,000/- was fixed as monthly income and after
deducting 1/3rd, the dependency income to the family was
MACA 979/08 -: 2 :-
assessed. According to the Tribunal, he was working as a steel
fitter in the Karnataka State. He was aged 46 and maintaining a
family consisting of his wife, two children and mother. The
accident occurred in 2001. Considering the year of accident and
the nature of the injuries suffered, we are of the opinion that
fixation of monthly income as Rs.4,000/- is not excessive and no
interference is called for in the impugned award.
The appeal is dismissed.
J.B.Koshy,
Judge.
P.N.Ravindran,
Judge.
ess 27/6