Latha M.R vs The Divisional Manager
2022 Latest Caselaw 2017 Ker

Citation : 2022 Latest Caselaw 2017 Ker
Judgement Date : 19 February, 2022

Kerala High Court

Latha M.R vs The Divisional Manager 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. 105 OF 2021
   AGAINST THE AWARD IN OPMV 1195/2017 OF MOTOR ACCIDENT CLAIMS
                         TRIBUNAL ,ERNAKULAM
APPELLANTS:

          LATHA M.R.
          AGED 48 YEARS
          W/O. VINOD, POOTHALAM VAYAL, KUNIYIL HOUSE
          (KRISHNARPPANAM), MUZHAPPILANGAD, THEKKEKUNNU,
          MUZHAPPILANGADU P.O, MUZHAPPILANGAD AMSOM DESOM, KANNUR
          DISTRICT,            PINCODE - 670662.
          BY ADVS.
          MATHEWS K.PHILIP
          SMT.T.MANASY


RESPONDENT:

          THE DIVISIONAL MANAGER
          M/S. NEW INDIA ASSURANCE COMPANY LIMITED, KOTTAKKAL
          ARYA, VAIDYASALA BUILDING, M.G.ROAD, ERNAKULAM, KOCHI,
          PINCODE - 682016.
          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.105/2021                  - 2 -


                      K.VINOD CHANDRAN, J.
                   --------------------------
                     M.A.C.A.No.105 OF 2021
                 -------------------------------
               Dated, this the 19th February, 2022

                             JUDGMENT

The appellant in this appeal seeks enhancement of

the compensation awarded by the Tribunal. While the

appellant was working in a Toll Booth at Muzhappilangadu, a

Tanker Lorry hit on the Toll Booth and due to the impact of

the same the appellant sustained grievous injurie. The

injuries suffered by her are 'pelvis left inferior and

superior pubic rami, crush injury left flank, gluteal

region and thigh extensive hematoma pattern abrasion left

thigh in the accident'. The appellant was also assessed as

having 45% disability by the Medical Board as per Ext.X1

certificate. The learned Counsel for the appellant claims

for increase in notional income as also future prospects.

2. The Tribunal has adopted Rs.10000/- as notional

income in the year 2016. The learned Standing Counsel for

the Insurance Company submits that even as per

Ramachandrappa v. Royal Sundaram Alliance Insurance Company

Ltd. [(2011)13 SCC 236] only Rs.10500/- is to be taken. It

is also submitted that the author of the certificate showing

the income as Rs.20000/- has not been examined. It is also

contended that there is no scope for future prospects since

going by precedents future prospects can be granted only in

death cases and where the injured has been completely

incapacitated and has a disability above 50%.

3. This Court is of the opinion that no future

prospects can be granted. However, considering the

employment of the appellant, there should be an increase in

the notional income even over and above that stipulated in

Ramachandrappa (supra) in which the notional income of a

coolie is determined. In the present case the certificate of

the contractor shows that the appellant was being paid

Rs.750/- per day as daily wages and that every month almost

Rs.20000/- was being paid. True the author of the

certificate was not examined before Court, however, it is

very evident from the FIR itself that the appellant was an

employee in the Toll Booth and accident occurred in the

course of her employment. Considering the fact that the

daily wage of the appellant is 750/- per day, deeming

employment for at least 20 days, the notional income can be

taken at Rs.15000/-. The loss of earnings and the

compensation for disability would stand increased with the

increase in the notional income. In such circumstances the

following enhancement is made as per the tabulation below:



 Sl. Head of Claim              Amount awarded Total amount
 No.                            by the          after
                                Tribunal        enhancement in
                                                appeal
                                       `               `
 1    Loss of earning                    120000          180000
                                                       [15000*12]


 2    Transportation Expenses            25000              25000
 3    Extra nourishment                  50000              50000
 4    Damage to clothing                  2000               2000
 5    Medical Expenses                  292600            292600
 6    Bystander Expenses                 43200              43200
 7    Pain and suffering                150000            150000
 8    Loss of amenities                 250000            250000
 9    Disability                        756000           1134000
                                                 [15000*14*12*45%]


                   Total               1688800           2126800

Amount enhanced -2126800-1688800=438000

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

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