Shanana vs The New India Assurance Co Ltd, ...
2021 Latest Caselaw 22423 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
 TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       MACA NO. 2240 OF 2013
 AGAINST THE AWARD IN OPMV 388/2011 OF MOTOR ACCIDENTS CLAIMS
                         TRIBUNAL, KOTTAYAM
APPELLANT/PETITIONER:

            SHAHANA, AGED 31 YEARS,
            PUTHUPARAMBIL (H), NEAR PAYYANBALLI, TENGANA,
            PERUMBANACHI.P.O., CHANGANACHERRY,
            KOTTAYAM DIST.
            BY ADV SMT.BINDU GEORGE


RESPONDENT/RESPONDENT NO.3:

            THE NEW INDIA ASSURANCE CO LTD,
            PATHANAMTHITTA BRANCH, CHANGAYIL BUILDING,
            COLLEGE ROAD, PATHANAMTHITTA
            REP. BY BRANCH MANAGER. PIN-689645.
            BY ADV SRI P.K.BABU

     THIS    MOTOR     ACCIDENT   CLAIMS      APPEAL    HAVING    BEEN
FINALLY   HEARD   ON   13.10.2021,      THE   COURT    ON   09.11.2021
DELIVERED THE FOLLOWING:
 M.A.C.A. No. 2240 of 2013
                                     2




                               T.R.RAVI, J.
                   --------------------------------------
                       M.A.C.A. No. 2240 of 2013
              -----------------------------------------------
                Dated this the 9th day of November, 2021

                               JUDGMENT

When the appellant was travelling as a pillion rider behind her

husband in a motorcycle, they were hit by a car, driven by the 1st

respondent before the Tribunal, in a rash and negligent manner.

The accident occurred on 05.01.2011. The appellant was taken to

the Government Hospital, Changanacherry, from where she was

taken for further treatment to St.Thomas Hospital, Chethipuzha.

The appellant was aged 35 years at the time of the accident and

according to her, she was working as a Tailor and earning ₹6,000/-

per month as income. In the claim petition preferred by the

appellant, the Tribunal granted a compensation of ₹2,85,330/-.

Aggrieved by the award, the appellant has preferred this appeal

seeking enhancement of the compensation.

2. Heard Smt.Bindu George, learned counsel for the

appellant and Sri.P.K.Babu, learned counsel for the respondent.

3. The learned counsel for the appellant submitted that the

Tribunal went wrong in adopting a notional monthly income of

₹4,000/-. In the light of the fact that the accident happened in the M.A.C.A. No. 2240 of 2013

year 2011, I find that the claim of income as ₹6,000/- made by the

appellant is fully justified. The Medical Board constituted by the

Superintendent of Medical College Hospital, Kottayam had assessed

22% permanent disability for the appellant. The appellant had

suffered compression fracture in the first lumbar vertebrae,

abrasion on right ankle and pain in the back. Ext.X1 is the

disability certificate. According to her, the disability considerably

affected her job as a Tailor.

4. On hearing the learned counsel for the appellant and the

learned counsel for the respondent, I am of the opinion that the

appellant is entitled to enhanced compensation. The notional

monthly income is to be taken as ₹6,000/- and allowing 25%

addition towards future prospects, the monthly income to be taken

for the purpose of calculating compensation for permanent disability

will be ₹7,500/-. The appellant will be entitled to a sum of

₹30,000/- towards loss of earnings. After deducting the amount of

₹20,000/- awarded by the Tribunal, the appellant will be entitled to

an additional compensation of ₹10,000/- towards loss of earnings.

The appellant will be entitled to a sum of ₹3,16,800/-

(7500x12x16x22%) towards compensation for permanent disability.

After deducting a sum of ₹1,68,960/- awarded by the Tribunal, the M.A.C.A. No. 2240 of 2013

appellant will be entitled to an additional compensation of

₹1,47,840/- under the said head.

In the result, the appeal is allowed and the appellant is

awarded an enhanced compensation of ₹1,57,840/- (Rupees one

lakh fifty seven thousand eight hundred and forty only) with

interest at the rate of 9% per annum from the date of filing of the

claim petition (11.04.2011) till the date of realisation, with

proportionate costs. The respondent insurer shall deposit the

additional compensation granted in this appeal along with interest

and proportionate costs, before the Tribunal within two months

from the date of receipt of a certified copy of this judgment, after

deducting any amount to which the appellant is liable towards

balance court fee and legal benefit fund. The disbursement of the

compensation to the appellant shall be in accordance with law.

Sd/-

T.R. RAVI, JUDGE

Pn