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United India Insurance Company Ltd., Chennai Vs. Palaniappa Gounder and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA(MD)No. 1381 of 2006
Judge
AppellantUnited India Insurance Company Ltd., Chennai
RespondentPalaniappa Gounder and Others
Excerpt:
motor vehicles act - section 173 -.....the famous tamil poet and lyrics writer, kavignar kannadasan, in one song said ''(language);''. a good family is compared to a good university. when such was the comparison of the poet, one can understand the contribution and the value of services within the family by the homemakers. the homemakers are to be declared as society builders in the sense that they are building the society, by creating good families. a well disciplined individual and a homemaker can create a good family and good families alone can create a good society and good society will form an ideal nation. there are three policies that are regionalism, nationalism and internationalism. ''regionalism'' is to be severely condemned which will create narrow mindedness in the society. hence, caste, creed, religion etc., and.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 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.)

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.

4. The famous Tamil Poet and Lyrics Writer, Kavignar Kannadasan, in one Song said ''(LANGUAGE);''. A good family is compared to a good University. When such was the comparison of the Poet, one can understand the contribution and the value of services within the family by the homemakers. The homemakers are to be declared as society builders in the sense that they are building the society, by creating good families. A well disciplined individual and a homemaker can create a good family and good families alone can create a good society and good society will form an ideal Nation. There are three policies that are Regionalism, Nationalism and Internationalism. ''Regionalism'' is to be severely condemned which will create narrow mindedness in the society. Hence, caste, creed, religion etc., and all such regionalistic ideas are to be eradicated from the society more specifically, from the national perspective. Idea of ''Internationalism'' of one World, one Society and one Government may be an idealistic dream, but it is an Utopian world and impossible. Therefore, ''Nationalism'' should be the best policy, which is practicable and ideal as far as the individual nations are concerned. Our great Statesmen, Political Leaders, Philanthropists Poets, Writers and great men of this Nation worked hard only to attain the goal of Nationalism and Nationalism will be the practical principle, which can be achieved by eradicating the regionalistic principle of caste, creed and religion etc.

5. The homemakers in the sense alone can create good citizen for this country which will result good family and consequently a good Nation. Therefore, the value of the homemakers cannot be computed in terms of money especially in the cases of accidents.

6. This Court would like to have a practical analysis of the prevailing situation in the society. People may have different theories on the participation and contribution of homemakers within the family, but the practical situation prevails in the society is that if the husband dies in an accident, the dutiful wife is able to build the family, even in the absence of her husband and she is able to bring her children as good citizens of this Nation. Contrarily, if the wife dies in a family in an accident, the entire family becomes scattered and the husbands are not in a position to bring up the children in a better manner and again, the husbands are dependants either with the grand parents or they are going for re-marriage. The above situation especially in our society is the reality and one cannot shut his eyes in respect of the prevailing situation.

7. Therefore, the homemakers are the Nation Builders, is the practical situation prevailing in our Nation and therefore, it will not be an exaggeration if this Court says that no person shall be allowed to undermine the contribution of homemakers in our Nation, which survives on the cultural and social values.

8. This Court inclines to consider the judgment of the Hon'ble Division Bench reported in 2009 (1) TN MAC 671 (DB) in the case of National Insurance Co. Ltd., vs. Minor Deepika and others, wherein, at paragraph 11, it has been held as follows:-

''11. The role of a housewife includes managing budgets, co-ordinating activities, balancing accounts, helping children with education, managing help at home, nursing care, etc. One formula that has been arrived at determines the value of the housewife = husband's income wife's income + value of husband's household services, which means the wife's value will increase inversely proportionate to the extent of participation by the husband in the household duties. The Australian Family Property Law provides that while distributing properties in matrimonial matters, for instance, one has to factor in ''the contribution made by a party to the marriage to the welfare of the family constituted by the parties to the marriage and any children of the marriage, including any contribution made in the capacity of a homemaker or parent.''

9. Accordingly, this Court is not inclined to consider the grounds of appeal raised by the appellant.

10. The appellant is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited already. On such deposit, the respondents/claimants are permitted to withdraw their shares, by filing necessary application before the Tribunal.

In the result, the Civil Miscellaneous Appeal is dismissed. No costs.


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