Kerala High Court
Saifudheen Thottungal Valappil vs New India Assurance Co.Ltd on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
MACA NO. 898 OF 2017
AGAINST THE AWARD IN OP(MV) NO. 1205/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/CLAIMANT:
SAIFUDHEEN THOTTUNGAL VALAPPIL
AGED 37 YEARS
S/O. SAIDALAVI, AGED 37 YEARS,RESIDING AT
KOTTUNGALVALAPPU, KAITHAVALAPPIL HOUSE, CHALIYAM P.O,
KOZHIKODE.
BY ADV SMT.K.V.RESHMI
RESPONDENT/3RD RESPONDENT:
NEW INDIA ASSURANCE CO.LTD,
DIVISIONAL OFFICE, SILVER PLAZA, I.G. ROAD,KOZHIKODE
- 673 001 REPRESENTED BY ITS MANAGER.
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No. 898 of 2017
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K.VINOD CHANDRAN, J
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M.A.C.A.No. 898 of 2017
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Dated this the 18th day of February, 2022
JUDGMENT
The petitioner was injured in an accident. The petitioner claimed
to be an Auto-rickshaw driver and produced license and badge. The
petitioner's claim was for Rs.10,000/- as notional income, which the
Tribunal reduced to Rs.7000/-. 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.10,000/- in the year 2015. Hence what has
been sought can be granted. On pain and suffering considering the
injuries a nominal increase of Rs.10,000/- is made. The disability
compensation would also stand increased by computing the notional
income at Rs.10000/-. Enhancement is made as per the tabulation
below:
M.A.C.A.No. 898 of 2017
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Head of Claim Amount awarded Total amount after
Sl. by the Tribunal enhancement in appeal
No. Rs
Rs
1 Loss of earnings 42000 (10000x6) 60000
2 Transport expenses 2000 2000
3 Hospitalisation as per 5600 5600
A6
Medical Expenses 2312 2312
4 Pain & Sufferings 20000 30000
5 Loss of amenities 10000 10000
5 Compensation for loss 201600 288000
of income due to 15% (10000x12x16x15/100)
disability as per C1
Total 2,83,512 3,97,912
Amount enhanced -Rs. 3,97,912 - Rs.2,83,512 = Rs.1,14,400/-
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. Since there was a delay of 137 days in filing the appeal,
interest for the enhanced quantum would not run for the said period.
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
M.A.C.A.No. 898 of 2017
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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
lsn
