Kerala High Court
Aparna.K 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. 2422 OF 2020
AGAINST THE AWARD IN OPMV 905/2018 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL,KOZHIKODE
APPELLANT:
APARNA.K
AGED 23 YEARS
D/O GEETHA, KOOVIL HOUSE, KODALNADAKKAVU, OLAVANNA
PANCHAYATH, KOZHIKODE-673 012.
BY ADVS.
AVM.SALAHUDIN
SMT.A.D.DIVYA
RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED
CALICUT DO-1, SILVER PLAZA BUILDING, INDIRA GANDHI
ROAD, KOZHIKODE-673 00,REPRESENTED BY BRANCH MANAGER
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No.2422/2020 - 2 -
K.VINOD CHANDRAN, J.
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M.A.C.A.No.2422 OF 2020
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Dated, this the 18th February, 2022
JUDGMENT
The claimant in the appeal seeks enhancement
of compensation awarded by the Tribunal. The appellant
had produced an offer letter at Ext.A23 whih was dated
20.10.2017, where she was offered a job with a salary
of more than Rs.13000/-. The Tribunal adopted the
notional income as Rs.13000/-. There is no scope for
enhancement since almost the entire salary which was
offered by her employer has been granted. Disability
has also been taken as 25% as against the computation
of 35%. However, the individual Doctor who gave the
disability certificate was not examined before this
Court. Hence there is no scope for enhancement on that
count also.
2. The learned Counsel specifically spoke of
the injury suffered by her as is seen from paragraph 12
of the award. True the injuries are about six in
number involving almost five fractures. The appellant
has been given Rs.1 lakh for loss of amenities and
Rs.35000/- for pain and sufferings. This Court does not
find any reason to enhance the said amounts.
3. The next contention taken by the learned
Counsel is with respect to no amounts having been
granted for loss of earnings. The offer letter itself
is dated 20.10.2017 and she suffered accident on
24.10.2017. The recurrent hospitalisation is seen from
paragraph 30 of the Tribunal order. Every month she was
admitted for certain days in the hospital. This,
definitely would have prevented her from going to work.
The hospitalisation extended between 24.10.2017 to
18.12.2018, almost on all months till March 2018 and
then on a bimonthly frequency. Considering the all over
circumstances this Court is of the opinion that the
loss of earnings can be granted for an year. The
appellant would be hence granted an enhanced
compensation of Rs.1,56,000/-
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 claimants 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 furnished 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 enhanced amount shall also run at the rate
ordered by the Tribunal from the date of the petition.
The appeal is allowed to the above extent.
Sd/-
K.VINOD CHANDRAN, Judge
jma
