Kerala High Court
Hariharan @ Hari vs The New India Assurance Company ... 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. 437 OF 2020
AGAINST THE AWARD IN OP(MV) NO. 1465/2016 DATED 27.07.2019 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR
APPELLANT/PETITIONER:
HARIHARAN @ HARI,
AGED 25 YEARS
S/O. UNNIKRISHNAN, THIRUMANGALATHU HOUSE,
VATTAPARAMBU, MATTOOR, KALADY P.O.
BY ADV A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LTD.,
KODUVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA-
683107, REPRESENTED BY ITS BRANCH 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. 437 of 2020
- 2 -
K.VINOD CHANDRAN, J
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M.A.C.A.No. 437 of 2020
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Dated this the 18th day of February, 2022
JUDGMENT
The petitioner is aggrieved with the award passed by the Tribunal
and appeal is only for enhancement. On a suggestion made by the
Court, it was agreed by both counsel that there is only scope for
enhancement in the notional income. The tribunal adopted Rs.9000/-
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. Enhancement is
made as per the tabulation below:
Head of Claim Amount awarded by Total amount after
Sl. the Tribunal enhancement in appeal
No. Rs
Rs
1 Loss of earnings 54000 (10500 x 6) 63000
2 Partial loss of earnings Nil Nil
3 Transport to hospital 3500 3500
4 Extra nourishments 4500 4500
5 Medical expenses 43117 43117
6 Pain & Suffering 70000 70000
7 Loss of amenities 60000 60000
8 Permanent disability 194400 226800
(10500x12x18x10/100)
9 Attendance charge 4500 4500
10 Damage to clothing and 1000 1000
articles
M.A.C.A.No. 437 of 2020
- 3 -
11 Future prospects Nil Nil
12 Difiguaration etc Nil Nil
13 Loss of earning power Nil Nil
Total 435017 476417
Amount enhanced - Rs.4,76,417 - Rs.4,35,017 = Rs.41,400
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. 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 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
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