Sasi vs the Branch Manager

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN SATURDAY, THE 26TH DAY OF FEBRUARY 2022 / 7TH PHALGUNA, 1943 MACA NO. 3063 OF 2015 AGAINST THE JUDGMENT IN OPMV 1249/2010 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV & ADDL MACT, PATHANAMTHITTA APPELLANT: SASI AGED 46 YEARS S/O. PODIYAN, THEKKECHARUVIL HOUSE, GIRIVARGA COLONY, UTHIMOODUMURI & POST, RANNI VILLEGE & TALUK, PATHANAMTHITTA SRI.T.K.BIJU (MANJINIKARA) SMT.ANNIE M.ABRAHAM RESPONDENT: THE BRANCH MANAGER SREERAM GENERAL INSURANCE COMPANY LTD, ANAND TOWERS, VRM ROAD, RAVIPURAM, ERNAKULAM ,KOCHI 682 016

SRI.P.JACOB MATHEW SRI.MATHEWS JACOB SR. SMT.PREETHY R. NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.3063/2015 2 K.VINOD CHANDRAN, J ---------------------------------------------------- M.A.C.A No.3063 of 2015 ----------------------------------------------------- Dated this the 26th February, 2022

JUDGMENT

A 42 year old, suffered injuries in a motor vehicle accident in the year, 2010, which left him with 15% disability. The Tribunal adopted notional income of Rs.5,000/-. The only claim that can be made in the appeal is with respect to notional income. In Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236, the Honourable Supreme Court adopted notional income @ Rs.7500/-, for a coolie in the year 2010. Hence the same can be taken for the appellant in this case. The enhancement will be as follows:- Sl. Head of Claim Amount Total amount No. awarded by after

the Tribunal enhancement in appeal ` ` 1 Loss of earnings 20000 30000(7500 x 4) 2 Pain and sufferings 20000 20000 3 Loss of amenities 20000 20000 4 Transport to Hospital 1000 1000 MACA No.3063/2015 3

  5      Extra nourishment                       1000              1000
  6      Loss of earning                       163800          189000 (7500 x
         capacity                                             12 x 14 x 15%)
  7      Medical expenses                        2707              2707
  8      Bystanders expenses                     1000              1000
        Total                                  229507           264707

Amount enhanced = Rs.264707 - Rs.229507 - Rs.35,200/-

3. 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. Since there was a delay of 114 days in filing the appeal, interest on the enhanced amount would not run for the said period. 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 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 given 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 the enhanced amount shall also run at the rate ordered by the MACA No.3063/2015 4 Tribunal from the date of petition. The appeal is allowed to the above extent. SD/- K.VINOD CHANDRAN, JUDGE Lgk