Kerala High Court
Joji K Philip vs United India Insurance Company ... on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
MACA NO. 3436 OF 2019
FROM THE AWARD DATED 09.01.2019 IN OP(MV) NO. 190/2017 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL , PALAKKAD
APPELLANT/PETITIONER:
JOJI K PHILIP
AGED 42 YEARS
S/O K.V. PHILIP, KOOVAKKUNNEL, PAYYANADAM,
KUMARAMPUTHUR, MANNARKKAD, PALAKKAD DISTRICT - 678
583
BY ADV BINOY VASUDEVAN
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LIMITED
MALABAR FORT BUILDING, OLD KANDATH COMPLEX, G.B.
ROAD, PALAKKAD - 678 001
BY ADV SRI.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No. 3436 of 2019
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K.VINOD CHANDRAN, J
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M.A.C.A.No. 3436 of 2019
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Dated this the 16th day of February, 2022
JUDGMENT
The appeal against the award of the Tribunal is only on the
quantum. After hearing the learned counsel for the claimant and the
learned Standing Counsel, this Court is of the opinion that there can
be an enhancement only on the notional income and the disability
percentage, which has been reduced by the Tribunal from that
assessed by the Medical Board.
2. The petitioner though claimed to be a footwear shop owner
has not produced any evidence to prove that. The Tribunal took
Rs.7,000/- as the notional income. Even a coolie as has been decided
in Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Ltd. : (2011) 13 SCC 236 would be fixed with
a notional income of Rs.10,500/- in the year 2016. In such
circumstances, the notional income is fixed as Rs.10,500/-. As far as
the disability is concerned, the Doctor, who issued the certificate and
examined as PW1 assessed it at 12%. The Tribunal granted 6%. The
certificate shows malunion and reduction in the range of flexion. This
Court is of the opinion that the disability percentage can be increased
to 9%.
M.A.C.A.No. 3436 of 2019
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Enhancement is made as per the tabulation below:
Sl. Head of Claim Amount Total amount after
No. awarded by enhancement in appeal
the Tribunal (Rs)
(Rs)
1 Loss of earning 28000 (10500x4) 42000
2 Transport to hospital 3000 3000
3 Extra nourishment 3000 3000
4 Damage to clothing 1000 1000
5 Bystander expenses 1800 1800
6 Treatment expenses 90616 90616
7 Pain and sufferrings 25000 25000
8 Loss of future earning power 70560 158760
(10500x14x12x9/100)
9 Loss of amenities and 15000 15000
enjoyment in life
Total 2,37,976 3,40,176
Amount enhanced - Rs.3,40,176 - Rs.2,37,976=1,02,200/-
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(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
M.A.C.A.No. 3436 of 2019
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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 shall run at the rate ordered by the
Tribunal.
The appeal is allowed to the above extent.
Sd/-K.VINOD CHANDRAN
JUDGE
lsn
