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The Oriental Insurance Company Ltd., Rep. by its Branch Manager, Malik Mahal, Head Post Office Junction, Nagercoil Vs. Charlet and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A (MD) No. 26 of 2010 & M.P. (MD) No. 1 of 2010
Judge
AppellantThe Oriental Insurance Company Ltd., Rep. by its Branch Manager, Malik Mahal, Head Post Office Junction, Nagercoil
RespondentCharlet and Others
Excerpt:
.....including any contribution made in the capacity of a homemaker or parent". 4. therefore, the value of the home-maker can never be under estimated and it is to be rewarded and appreciated properly. in the case on hand is also for compensation and the injury sustained by the respondent / claimant will certainly create an inability to perform the duty of the home-maker in an effective manner. 5. such being the case, this court do not find any error on the findings of the tribunal and accordingly, the present civil miscellaneous appeal is devoid of merits and the same is dismissed and the award passed by the motor accidents claims tribunal-cum-principal sub judge, nagercoil. in mcop.no.162 of 2001, dated 18.11.2005, is confirmed. 6. the learned counsel appearing for the.....
Judgment:

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.162 of 2001, dated 18.11.2005, on the file of the Motor Accidents Claims Tribunal-cum-Principal Sub Judge, Nagercoil.)

Judgment:

1. The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.26 of 2010, challenging the award passed in M.C.O.P.No.162 of 2001, dated 18.11.2005, on the file of the Motor Accidents Claims Tribunal-cum-Principal Subordinate Judge, Nagercoil.

2. The ground, on which the Civil Miscellaneous Appeal, is filed mainly that no disability certificate was filed before the Tribunal to establish the nature of disability of the respondent / claimant.

3. It is a case of injury and the claimant is a Home-maker. 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 as, Value of 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".

4. Therefore, the value of the home-maker can never be under estimated and it is to be rewarded and appreciated properly. In the case on hand is also for compensation and the injury sustained by the respondent / claimant will certainly create an inability to perform the duty of the home-maker in an effective manner.

5. Such being the case, this Court do not find any error on the findings of the Tribunal and accordingly, the present Civil Miscellaneous Appeal is devoid of merits and the same is dismissed and the award passed by the Motor Accidents Claims Tribunal-cum-Principal Sub Judge, Nagercoil. in MCOP.No.162 of 2001, dated 18.11.2005, is confirmed.

6. The learned counsel appearing for the appellant/Insurance Company represented that the entire award amount has already been deposited and if it is not withdrawn, the respondent/claimant is permitted to withdraw the entire award amount along with accrued interest and costs by making necessary applications before the Tribunal. No costs. Connected miscellaneous petition is closed.


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