Kerala High Court
Shanavas.K.A vs The 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. 713 OF 2020
AGAINST THE JUDGMENT IN OPMV 1887/2017 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL , PALAKKAD
APPELLANT:
SHANAVAS.K.A
AGED 31 YEARS
S/O. AKBAR K.S., KULLITHODI HOUSE, POODOOR,
KODUNTHIRAPPULLY, PIRAYIRI P.O., PALAKKAD-678 004.
BY ADV BABY MATHEW
RESPONDENT:
THE NEW INDIA ASSURANCE CO.LTD.
REPRESENTED BY ITS BRANCH MANAGER, LRJ COMPLEX, 2ND
FLOOR, MAIN ROAD, OTTAPPALAM P.O., PALAKKAD, KERALA-679
101 (INSURER OF CAR BEARING REG NO.KL16-F-1382) POLICY
NO.76270031160100002013, VALID FROM 8.10.2016 TO
7.10.2017.
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:
MACA No.713/2020 2
K.VINOD CHANDRAN, J
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M.A.C.A No.713 of 2020
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Dated this the 18th February, 2022
JUDGMENT
The appellant was injured in an accident. The
appeal is for enhancement of the award amounts. The
notional income of the appellant was fixed as
Rs.8,000/- and the disability as found by a Doctor was
reduced from 16% to 6% by the Tribunal.
2. As far as the notional income is concerned,
even a collie is entitled to be fixed with a notional
income of Rs.11,000/- in the year, 2017 as held in
Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Limited [(2011) 13 SCC 236]. Hence
the notional income would be adopted at Rs.11,000/-.
As far as disability is concerned, as rightly pointed
by the learned Standing Counsel for the Insurance
Company, the Doctor was not examined. The Certificate
is issued by an individual Doctor and not a Medical
Board. Even then the injuries suffered by the claimant
are the following:-
"1. Crush injury right foot with partial
amputation great toe with nailbed injury
2. Punctured wound over the dorsum of foot
3. Fracture right ulna
4. Fracture 4th metacarpal right hand".
2. Considering the injuries caused, especially
looking at the amputation, this Court is of the
opinion, that disability can be increased to 10%.
3. Learned counsel for the appellant claimed for
enhancement of compensation for loss of amenities.
However, when disability compensation is granted at
10%, this Court is of the opinion that there is no
scope for such enhancement of loss of amenities. Since
there was a delay of 159 days in filing the appeal,
interest on the enhanced amount would not run for the said
period.
In the above circumstances, the following
enhancement is made:
Sl. Head of Claim Amount awarded Total amount
No. by the after
Tribunal enhancement in
appeal
` `
1 Loss of earning (Total) 32000 44000
2 Transportation to 5000 5000
Hospital
3 Damage to clothing and 1000 1000
articles
4 Extra nourishment 2000 2000
5 Expenses of a Bystander 1500 1500
6 Medical Expenses 98629 98629
7 Compensation for pain 30000 30000
and suffering
8 Compensation for loss 97920 2,24,400/-
of future earning power 11000 X 12 X
17 X 10/100
9 Compensation for loss 10000 10000
of amenities and
enjoyment in life
Total 2,78,049 4,16,529
Amount enhanced - Rs.4,16,529 - 2,78,049 = 1,38,480/-
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 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
Lgk
