Kerala High Court
Jolly Job vs The Manager, New India Assurance ... on 19 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
SATURDAY, THE 19TH DAY OF FEBRUARY 2022 / 30TH MAGHA, 1943
MACA NO. 4805 OF 2019
AGAINST THE AWARD IN OPMV 776/2015 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL ,PERUMBAVOOR
APPELLANT:
JOLLY JOB
AGED 26 YEARS
D/O. JOB JOHN, KOOVAKKATTU HOUSE, CHELAKKARA KARA AND
VILLAGE, THRISSUR DISTRICT.
BY ADV A.N.SANTHOSH
RESPONDENTS:
THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD.
BRANCH OFFICE 1ST FLOOR, THARAYIL CHAMBERS, OPP. HP
PETROL PUMP, NH BYPASS, VYTTILA, ERNAKULAM 682 019.
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 19.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No.4805/2019 - 2 -
K.VINOD CHANDRAN, J.
--------------------------
M.A.C.A.No.4805 OF 2019
-------------------------------
Dated, this the 19th February, 2022
JUDGMENT
The appellant seeks for enhancement of compensation.
The learned Counsel for the appellant specifically points
out the injuries as noted by the Tribunal. Ext.A3 wound
certificate shows 'Fracture maxilla, multiple abrasions to
left foot, fracture right superior pubic rami, avulsion of
upper incisors 1,2, 3 and axonal injury'. The discharge
summary-Ext.A7 shows 'Head injury-Diffuse axonal injury,
Right hemiparesis'. The Tribunal also extracted the scan
report Ext.A8 series which shows the following:
*Undisplaced fracture of right squamous
temporal bone with blood in right mastoid air
cells
*Left fronto-parietal subduaral
collection/resolving hemorrhage with
masseffect and midline shft to the right side.
*very minimal left pleural effusion.
Further the treatment record Ext.A9 shows the following
dental procedure having been conducted on the appellant:
avulsion of 1/3 root stump with respect to /2 and
subluxation to /1. It also shows that he was treated with
root canal treatment and full ceramic bridge with respect
to 21/ 1 2 3 4.
2. The appellant is a graduate in Nursing who
produced the certificates Ext.A13 and A14 to prove her
qualification. The appellant claimed notional income of
Rs.12000/-. The Tribunal took the notional income at
Rs.8500/- and granted loss of earnings for seven months.
25% disability assessed by the Medical Board was adopted by
the Tribunal.
3. Even going by Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company Limited [(2011) 13 SCC
236] in the year 2015 a coolie is entitled to Rs.10000/- as
notional income. In such circumstances the monthly income
showed as Rs.12000/- as per the claim petition can be
allowed for a Nurse. Considering the injuries which has
been extracted above, the loss of earning can also be
increased to that of ten months. Enhancement is made as per
the tabulation below:
Sl. Head of Claim Amount Total amount
No. awarded by after
the Tribunal enhancement in
appeal
` `
1 Loss of earnings 59500 120000
[12000*10]
2 Medical Expenses 271246 271246
3 Extra nourishment 21000 21000
4 Transportation Expenses 7000 7000
5 Pain and suffering 90000 90000
6 Permanent disability 459000 648000
12000*12*18*25%
7 Loss of amenities 80000 80000
8 Attendance charge 21000 21000
9 Damage to clothing 1000 1000
10 Loss of teeth 22500 22500
11 Marriage prospects 25000 25000
Total 1057246 1306746
Amount enhanced =1306746-1057246=249500
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. Since
there was a delay of 60 days in filing the appeal, the
interest for the enhanced quantum does not run for the said
period. 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 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 amounts 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
jma
