Kerala High Court
Belbin Baby vs V.K.Jayaraj 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. 2455 OF 2019
AGAINST THE AWARD DATED 30.11.2018 IN OP(MV) 670/2016 OF
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL-II, THODUPUZHA
PETITIONER (CLAIMANT IN THE TRIBUNAL):
BELBIN BABY
AGED 26 YEARS
S/O BABY T JOHN, THEVARAKUNNEL HOUSE, HOUSE NO. K P
3/210, KONNATHADY KARA, POOTHAKALI BHAGOM, KONNATHADY
VILLAGE, IDUKKI (DT.)
BY ADV S.SACHITHANANDA PAI
RESPONDENTS (RESPONDENTS IN THE TRIBUNAL):
1 V.K.JAYARAJ
AGED 45 YEARS
S/O. KRISHNANKUTTY, VELIYIL HOUSE, KUMBALAMKARA,
KUMBALAM SOUTH BHAGOM, KUMBALAM VILLAGE, KANYANNUR
TALUK, ERNAKULAM DT., DRIVER, PIN - 682 506
2 THE MANAGING DIRECTOR
K.S.R.T.C, TRANSPORT BHAVAN, THIRUVANANTHAPURAM.
(OWNER), PIN - 695 036
3 THE NEW INDIA ASSURANCE CO. LTD
DIVISIONAL OFFICE, KOTTAYAM (INSURER), PIN - 686 001
BY ADV SMT.P.K.SANTHAMMA
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. 2455 of 2019
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K.VINOD CHANDRAN, J
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M.A.C.A.No. 2455 of 2019
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Dated this the 18th day of February, 2022
JUDGMENT
The appellant is aggrieved with award passed by the Tribunal
and in the appeal is only concerned about enhancement. The appellant
claimed Rs.12,000/- notional income against which an amount of
Rs.9,000/- was fixed. The appellant also produced certificate of
disability of 30% by the Medical Board. The disability certificate shows
post traumatic stiffness left knee and functional loss of left knee with
disability assessed at 30%. The Tribunal took only 20%. Considering
the overall circumstances, this Court is satisfied that it can be taken at
25%. In the above circumstances, the notional income of the claimant
is fixed at Rs.10,500/- as on 2016 based on Ramachandrappa v.
Manager, Royal Sundaram Alliance Insurance Company Ltd. :
(2011) 13 SCC 236. The award will stand enhanced with respect to
notional income and the disability percentage as below:
M.A.C.A.No. 2455 of 2019
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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 earning 72000 (10500x8) 84000
2 Medical and miscellaneous 139640 139640
expenses
Bystander Expenses 2750 2750
3 Transportation Expenses 20000 20000
4 Extra nourishment 2500 2500
5 Damage to clothing 1000 1000
6 Pain and suffering 50000 50000
7 Loss/reduction in earning 388800 (10500x12x18x25/100)
capacity 567000
8 Loss of amenities and 10000 10000
convenience
Total 686690 876890
Amount enhanced -Rs.8,76,890 - Rs.6,86,690 = Rs.1,90,200/-
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
M.A.C.A.No. 2455 of 2019
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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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