Full Judgment
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. 3020 OF 2017 AGAINST THE AWARD DATED 16-5-2017 IN OPMV 1203/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR. APPELLANT/PETITIONER : SAJITH, AGED 25 YEARS, S/O MOHANDAS, MOONELIMUGHAL HOUSE, KUNNATHUNADU ILLAGE, KUNNORKODE KARA, ERNAKULAM DISTRICT. PIN-683544. BY ADV SRI.T.K.SAJEEV RESPONDENTS/RESPONDENTS : 1 JOHNY T.P, S/O POULOS, THAZHATHETHEKKUMATTATHIL HOUSE, KIZHAKKAMBALAM VILLAGE, NJARALLOOR P.O., ERNAKULAM DISTRICT. PIN-683 544. 2 SHAJAN V.J, NJARALLOOR P.O., ERNAKULAM DISTRICT. PIN-683 544. 3 SRIRAM GENERAL INSURANCE CO. LTD. 10003, E-8, RIICO INDUSTRIAL AREA,SITAPURA, JAIPUR, RAJASTHAN, PIN-302022. BY ADVS. R3 BY SRI.P.JACOB MATHEW SRI.MATHEWS JACOB SR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - 2 - K.VINOD CHANDRAN, J ------------------------------------------------ M.A.C.A.No.3020 of 2017 -------------------------------------------------- Dated this the 26th day of February, 2022
JUDGMENT
The appeal is filed for enhancement of compensation. The appellant, a 20 year man, suffered an injury in a motor vehicle accident, occurred in the year 2012. The injury caused led to disability being assessed at 60%, which the Tribunal adopted fully. The learned counsel for the appellant claims enhancement in the notional income as also grant of future prospects since the disability assessed is 60%.
2. The learned Standing Counsel for the Insurance
Company argues that future prospects are given to injured, only in circumstance of there being no possibility of carrying on any employment. Considering the overall circumstances and also the age of the applicant, this Court is of the opinion that a nominal enhancement for future prospects at 125% can be granted.
3. Going by Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC - 3 - 236, the notional income of a coolie is fixed at Rs.8,500/- in the year 2012 when the accident occurred. The appellant herein claimed to be a bus conductor and he had produced Ext.A10 license with a badge, which proves the claim made by him before the Tribunal. When a coolie is entitled to Rs.8,500/- as notional income, it is only proper that a marginal addition be made in the case of a bus conductor. This Court fixes the notional income of the appellant at Rs.11,000/-. Enhancement is made as per the tabulation below:
Head of Claim Amount awarded Total amount after Sl. by the Tribunal enhancement in appeal No. Rs Rs 1 Loss of earnings 48000 11000 x 8 = 88000 2 Partial loss of earnings Nil Nil
3 Transport to hospital 3500 3500 4 Extra nourishment 2500 2500 5 Damage to clothes 1000 1000 6 Medical expenses 283335 283335 7 Pain and suffering 50000 50000 8 Loss of amenities etc. 35000 35000 9 Permanent disability 777600 11000 x 125% x 12 x 18 x
60% = 1782000 10 Attendance charge 10500 10500 11 Loss of earning power Nil Nil Total 1211435 2255835 Amount enhanced : Rs.22,55,835/- - Rs.12,11,435 =Rs.10,44,400/- - 4 -
4. 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(s) 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 Tribunal from the date of petition. The appeal is allowed to the above extent. Sd/- K.VINOD CHANDRAN JUDGE amk