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2016 DIGILAW 4035 (MAD)

BRANCH MANAGER v. GEORGE

2016-11-25

S.M.SUBRAMANIAM

body2016
JUDGMENT : S.M. Subramaniam, J. This Civil Miscellaneous Appeal arises out of the Award and Decree passed by the learned Subordinate Judge, Motor Accidents Claims Tribunal, Padmanabhapuram, in M.C.O.P. No.98 of 2012, dated 04.08.2014. 2. It is a case of fatal accident took place on 29.05.2010 at about 9.45 a.m., near Pandaravilai. The deceased Kavitha was a home maker, aged about 29 years at the time of death and she survived with her husband and two minor children. The legal heirs filed an application seeking compensation before the Motor Accidents Claims Tribunal, Padhmanabhapuram and the Tribunal considering the facts and circumstances of the case, granted a sum of Rs.10,25,000/- as total compensation. Challenging the same, the appellant/United India Insurance Company Limited, has preferred the present appeal on the ground that the quantum of compensation by the Tribunal is excessive in view of the fact that the deceased was a home maker and the monthly income fixed by the Tribunal is excessive. 3. The learned counsel for the respondents 1 to 3 opposed the present appeal stating that the services of the home maker cannot be assessed in terms of money and the Tribunal was right in fixing the quantum of compensation and there is no error on record in respect of the award. Hence, the appeal is liable to be dismissed. 4. Heard both sides. 5. The job of a home maker can never be undermined either by the Tribunal or by this Court. This Court had an occasion to deal some of the cases and passed an award in C.M.A.(MD)No.1381 of 2006, dated 15.11.2016, and the relevant portions are extracted hereunder: "4. The famous Tamil Poet and Lyrics Writer, Kavignar Kannadasan, in one Song said "(xxx)". 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. 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 an accident, the entire family becomes scattered and the husband will 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 opting 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. 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 Na 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.' " 6. In view of the above Judgment and the principles laid down by this Court, this Court is not inclined to interfere with the findings of the Tribunal. Accordingly, the award passed by the learned Subordinate Judge, Motor Accidents Claims Tribunal, Padhmanabhapuram, in M.C.O.P. No.98 of 2012, dated 04.08.2014, is confirmed and the Civil Miscellaneous Appeal is dismissed. 7. It is represented that the appellant Insurance Company had already deposited the entire award amount along with proportionate interest and costs. Therefore, the first respondent is permitted to withdraw his share in the award amount along with proportionate interest and costs, through RTGS, by filing necessary applications before the Tribunal. The shares of the respondents 2 and 3/minor claimants shall be deposited in a Nationalised Bank in Fixed Deposit, till they attain majority and on attaining majority, it is for them to approach the Tribunal for disbursement of their shares, by making necessary applications. No costs. Consequently, connected Miscellaneous petition is closed.