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2008 Supreme(Online)(KER) 29656

HIGH COURT OF KERALA
J.B.KOSHY, K.P.BALACHANDRAN, JJ
NATIONAL INSURANCE CO LTD – Appellant
Versus
AYISA WO KUNHIMOHAMMED – Respondent


J U D G M E N T

KOSHY,J.

This appeal is filed by the Insurance company challenging the quantum of compensation. Wife, sisters and grand mother of a motor accident victim claimed compensation contending that the accident occurred due to the negligence of the driver of the vehicle insured by the appellant Insurance company. The deceased was driving the motor cycle. A lorry bearing registration No.KL-14B/1488 which was insured by the appellant Insurance company hit the motor cycle. Deceased fell down and sustained fatal injuries. He succumbed to the injuries on the same day. Deceased was employed in Saudi Arabia and he came for leave. Ext.A11 is the passport. Ext.A7 is the salary certificate. That was proved by PW2 a co-employee. That shows that 1,693 dirhams is the MACA.566/06 2 net salary. Tribunal deducted 498 dirhams from the above as that represents overtime wages. Therefore, balance amount was 1,195 dirhams. Taking the exchange value at the time of accident, it would be more than Rs.12,000/-. But tribunal has taken only Rs.10,000/- per month. In United India Insurance Co. Ltd. v. Patricia Jean Mahajan and others (JT 2002 (5) SC 74), Apex Court held that exchange value at the time

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