Kerala High Court
Aswin.K vs Aravind Babu Raj 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. 4207 OF 2019
AGAINST THE JUDGMENT IN OPMV 456/2016 OF ADDITIONAL DISTRICT COURT
& MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT:
ASWIN.K
AGED 23 YEARS
KALLUKALAYIL HOSUE, KIDANGANNOOR P.O., KIDANGANNOOR
VILLAGE, KOZHENCHERRY TALUK.
BY ADVS.
SANJAY THAMPI
SMT.STEFFY V.J.
RESPONDENTS:
1 ARAVIND BABU RAJ
S/O. BABURAJ, CHAITHRAM HOUSE, PENNUKKARA P.O.,
KUTTIYIL JUNCTION, ALA VILLAGE, CHENGANNUR - 689 126
2 THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO. LTD., MOTOR T.P. CLAIM HUB,
DIVISIONAL OFFICE, KHAISE BUILDING, BEACH ROAD,
ERNAKULAM - 691 001
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 19.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA No.4207/2018 2
K.VINOD CHANDRAN, J
----------------------------------------------------
M.A.C.A No.4207 of 2019
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Dated this the 19th February, 2022
JUDGMENT
The appellant was the injured in a motor vehicle
accident, who suffered the following injuries:-
"1. Left 4,5, 6 ribs fracture.
2. Left pneumothorax.
3. Fracture of superior public rami bilaterally
with diastasis of public symphysis.
4. Displaced fracture of inferior public ramus on
right side.
5. Fracture of ala of sacrum (SI on right side)
passing through the neural foramina".
The appeal is filed for enhancement of compensation.
2. The Tribunal awarded Rs.9,000/- as the notional income
as against the claim of Rs.24,000/-. Though a claim was made
for fixation of notional income at the higher end, asserting
that he was a timber business man, there was no evidence to
prove the same. In such circumstances, one has to fall back
upon Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Limited [(2011) 13 SCC 236], which
determined the notional income of Rs.10,500/- for a coolie in
the year 2016. Considering the injuries, loss of earnings can
be increased to that of five months. Further, loss of amenities
can also be enhanced to Rs.20,000/-. 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 earnings 27,000 52,500(10,500
x 5)
2 Transport to Hospital 1,500 1,500
3 Extra nourishment 3,750 3,750
4 Damage to clothing 1,000 1,000
5 Medical expenses 58,410 58,410
6 By stander's expenses 3,750 3,750
7 Pain and sufferings 35,000 35,000
8 Compensation for 2,33,280 2,72,160
permanent disability (10500 x 12 x
18 x 12%
9 Loss of amenities and 10,000 20,000
enjoyment of life
Total 3,73,690 4,48,070
Amount enhanced = Rs.4,48,070 - Rs.3,73,690 = Rs.74,380/-
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 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
