Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN SATURDAY, THE 19TH DAY OF FEBRUARY 2022 / 30TH MAGHA, 1943 MACA NO. 105 OF 2021 AGAINST THE AWARD IN OPMV 1195/2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM APPELLANTS: LATHA M.R. AGED 48 YEARS W/O. VINOD, POOTHALAM VAYAL, KUNIYIL HOUSE (KRISHNARPPANAM), MUZHAPPILANGAD, THEKKEKUNNU, MUZHAPPILANGADU P.O, MUZHAPPILANGAD AMSOM DESOM, KANNUR DISTRICT, PINCODE - 670662. BY ADVS. MATHEWS K.PHILIP SMT.T.MANASY RESPONDENT: THE DIVISIONAL MANAGER M/S. NEW INDIA ASSURANCE COMPANY LIMITED, KOTTAKKAL ARYA, VAIDYASALA BUILDING, M.G.ROAD, ERNAKULAM, KOCHI, PINCODE - 682016. BY ADV SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.105/2021 - 2 -
K.VINOD CHANDRAN, J.
-------------------------- M.A.C.A.No.105 OF 2021 ------------------------------- Dated, this the 19th February, 2022
JUDGMENT
The appellant in this appeal seeks enhancement of the compensation awarded by the Tribunal. While the appellant was working in a Toll Booth at Muzhappilangadu, a Tanker Lorry hit on the Toll Booth and due to the impact of
the same the appellant sustained grievous injurie. The injuries suffered by her are 'pelvis left inferior and superior pubic rami, crush injury left flank, gluteal
region and thigh extensive hematoma pattern abrasion left thigh in the accident'. The appellant was also assessed as having 45% disability by the Medical Board as per Ext.X1 certificate. The learned Counsel for the appellant claims for increase in notional income as also future prospects.
2. The Tribunal has adopted Rs.10000/- as notional income in the year 2016. The learned Standing Counsel for the Insurance Company submits that even as per Ramachandrappa v. Royal Sundaram Alliance Insurance Company Ltd. [(2011)13 SCC 236] only Rs.10500/- is to be taken. It MACA No.105/2021 - 3 - is also submitted that the author of the certificate showing
the income as Rs.20000/- has not been examined. It is also contended that there is no scope for future prospects since going by precedents future prospects can be granted only in death cases and where the injured has been completely incapacitated and has a disability above 50%.
3. This Court is of the opinion that no future
prospects can be granted. However, considering the employment of the appellant, there should be an increase in the notional income even over and above that stipulated in Ramachandrappa (supra) in which the notional income of a coolie is determined. In the present case the certificate of the contractor shows that the appellant was being paid Rs.750/- per day as daily wages and that every month almost Rs.20000/- was being paid. True the author of the certificate was not examined before Court, however, it is very evident from the FIR itself that the appellant was an employee in the Toll Booth and accident occurred in the
course of her employment. Considering the fact that the daily wage of the appellant is 750/- per day, deeming employment for at least 20 days, the notional income can be taken at Rs.15000/-. The loss of earnings and the compensation for disability would stand increased with the increase in the notional income. In such circumstances the MACA No.105/2021 - 4 - following enhancement is made as per the tabulation below:
Sl. Head of Claim Amount awarded Total amount
No. by the after
Tribunal enhancement inappeal ` ` 1 Loss of earning 120000 180000 [15000*12]
2 Transportation Expenses 25000 25000 3 Extra nourishment 50000 50000 4 Damage to clothing 2000 2000 5 Medical Expenses 292600 292600 6 Bystander Expenses 43200 43200 7 Pain and suffering 150000 150000 8 Loss of amenities 250000 250000 9 Disability 756000 1134000
[15000*14*12*45%] Total 1688800 2126800 Amount enhanced -2126800-1688800=438000
2. The Insurance Company shall pay interest for
the amounts awarded by the Tribunal at the rate directed in the impugned award and for the enhanced amounts at the rate of 5% from the date of petition. If any amounts have already been paid, the same shall be granted set off. The claimant shall produce the details of the Bank account before the Insurance Company/Tribunal within one month from the date of receipt of a certified copy of this judgment and amount
MACA No.105/2021 - 5 - shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month thereafter. If
the Bank account is not furnished within the time stipulated, it is made clear that no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount as directed, interest on enhanced amounts shall also run at the rate ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent. Sd/- K.VINOD CHANDRAN, Judge jma