Kerala High Court
Vijayan T.K vs The Divisional Manager, M/S.New ... 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. 2029 OF 2020
AGAINST THE JUDGMENT IN OPMV 1139/2018 OF SPECIAL C SPE/CBI-I&3
ADDITIONAL DISTRICT COURT/I ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL ,EKM
APPELLANT:
VIJAYAN T.K.
AGED 72 YEARS
S/O. KESAVAN, THOPPIL HOUSE, SOUTH PARAVUR P O,
MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN CODE - 6820307.
BY ADVS.
MATHEWS K.PHILIP
SMT.T.MANASY
RESPONDENT:
THE DIVISIONAL MANAGER, M/S.NEW INDIA ASSURANCE LIMITED
KOTTAKKAL ARYA VAIDYASALA BUILDING, M.G.ROAD,
ERNAKULAM, PIN CODE - 682016.
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.2029/2020 2
K.VINOD CHANDRAN, J
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M.A.C.A No.2029 of 2020
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Dated this the 18th February, 2022
JUDGMENT
Appellant is a 70 year old who sustained a
fracture of the humerus in a motor vehicle accident.
The Tribunal adopted Rs.12,500/- as notional income for
a 70 year old which is far more than even what was
prescribed by Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Company Limited [(2011) 13 SCC 236].
There is hence no scope for increase on that head.
2. Learned counsel for the appellant made a
fervent plea for disability compensation on the ground
of the age of the appellant and injury suffered.
However, there being no disability occasioned or any
certificate produced, there is no scope for such a
grant. Considering the fact that for loss of
amenities, only Rs.12,000/- was granted, a further
amount of Rs.15,000/- can be granted under the said
head. The enhancement is thus confined to Rs.15,000/-.
3. 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
