UNITED INDIA INSURANCE CO.LTD. Vs. PALANIAPPA GOUNDER

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed against the judgment and decree in MCOP. No. 390 of 2002, dated 20.04.2006, on the file of the Motor Accidents Claims Tribunal, Sub Court, Palani.

(2.) It is the case of an unfortunate fatal accident took place on 02.05.2002, at 02.15 a.m, near Karur-Dindigul road and the death occurred on the spot. The legal heirs of the deceased filed an application in MCOP. No.390 of 2002, before the III Additional Sub Court, Trichy, and the Tribunal by considering the facts and circumstances of the case, awarded Rs. 3,82,000/- as total compensation with interest at 6% per annum. The appellant insurance company has filed the present appeal, challenging the Award passed by the Tribunal, on the ground that the quantum of compensation fixed by the Tribunal is erroneous, in view of the fact that the deceased was a Home-maker.

(3.) The said contention shall not be considered, in view of the fact that the contribution of the homemakers can never be undermined and their contribution is to be valued, more than the employees and it involves both physical and physiological aspects, more specifically, the loss of love and affection to the family and the contribution of the home makers especially, within the family, are to be weighed on the higher side and this Court is unable to appreciate the arguments advanced by the learned counsel for the appellant.