IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
MACA NO. 1779 OF 2012
AGAINST THE AWARD IN OPMV 674/2009 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL PALA
APPELLANT/RESPONDENT NO.3:
THE NEW INDIA ASSURANCE COMPANY LTD.,
REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM.
BY ADV. SRI.LAL K.JOSEPH
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2:
1 PONNAMMA, W/O.THANKAPPAN,
KUMARANKODU-PUTHENVEEDU, CEYLON KAVALA BHAGAM,
VADAYAR VILLAGE, THALAYOLAPARAMBU KARA,
NOW RESIDING AT THOLATHIL HOUSE, POOVARANY P.O.,
MEENACHIL TALUK, PIN-686 577.
*2 BABU @ KUNJUMON, S/O.MUHAMMED,
BENZHAD MANZIL, KUZHIKANDATHIL,
THALAYOLAPARAMBU KARA,
VADAYAR VILLAGE, PIN-686 577. *(DELETED)
*RESPONDENT NO.2 IS DELETED FROM THE PARTY ARRAY
AT THE RISK OF THE APPELLANT AS PER ORDER DATED
26.10.2021 IN I.A.NO.1/2021 IN MACA 1779/2012.
3 OSWIN KALATHIL,
KALATHIL HOUSE, POWER HOUSE ROAD,
ERNAKULAM, PIN-682 031.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING FINALLY HEARD ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A No.1779 of 2012
2
JUDGMENT
This appeal arises out of award dated 08.03.2012 in O.P.(M.V.) No.674/2009 on the file of Motor Accident Claims Tribunal, Pala.
2. The appellant is the Insurance Company, the 3rd respondent in the above original petition.
3. Heard the learned counsel for the appellant, since none of the respondents appeared even on notice.
4. In this matter, the learned counsel for the Insurance Company would submit that the multiplier applied by the Tribunal while fixing the disability income as '11' is wrong and the same would be only '9' following the table in Sarla Verma v. Delhi Transport Corporation : (2009) 6 SCC 121.
5. Though the argument advanced by the learned counsel for the appellant appears to be M.A.C.A No.1779 of 2012 3 convincing in accordance with the table provided in Sarla Verma's case, it would appear that the calculation of 22% permanent disability was made at Rs.4,000/- per month.
6. Since the accident is of the year 2009, if the monthly income fixed by the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC 236, is applied, the total award amount shall not be less than the award passed by the Tribunal. This pertinent aspect is conceded by the learned counsel for the appellant as well. Therefore, I am of the view that the appeal deserves no merits, since reduction in the impugned award is not possible.
Accordingly, this appeal is dismissed.
Sd/-
A.BADHARUDEEN, JUDGE.
ww M.A.C.A No.1779 of 2012 4 APPENDIX APPELLANT'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE CERTIFIED COPY OF PETITION NO.I.A.596/2012 ON 22.03.2012.
ANNEXURE A2 CERTIFIED COPY OF THE ORDER DATED 2.04.2012 IN I.A.596/2012 IN O.P.(M.V) 674/2009 OF THE MACT, PALA.