Muhammedkutty K vs The New India Assurance Co. ...
2022 Latest Caselaw 2022 Ker

               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. 2861 OF 2019
   AGAINST THE AWARD IN OPMV 1607/2017 OF MOTOR ACCIDENT CLAIMS
                          TRIBUNAL ,KOZHIKODE
APPELLANT:

             MUHAMMEDKUTTY K,
             AGED 54 YEARS
             S/O. KUNHAMU, RESIDING AT 11/225 B, KAITHAKATH P.O
             FEROKE COLLEGE, KOZHIKODE 673 632
             BY ADV AVM.SALAHUDIN


RESPONDENT:

             THE NEW INDIA ASSURANCE CO. LIMITED,
             B.O FEROKE, 1ST FLOOR, POOTHERI BUILDING, RAILWAY
             STATION ROAD, KOZHIKODE 673 631
             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.2861/2019                - 2 -




                    K.VINOD CHANDRAN, J.
                 --------------------------
                   M.A.C.A.No.2861 OF 2019
               -------------------------------
             Dated, this the 19th February, 2022

                          JUDGMENT

The appellants are concerned with the

enhancement of compensation granted by the Tribunal.

Having gone through the award this Court is of the

opinion that enhancement is possible only on notional

income. The Tribunal adopted the notional income as

Rs.8000/- while going by Ramachandrappa v. Royal

Sundaram Alliance Insurance Company Ltd. [(2011)13 SCC

236] even a coolie is entitled to Rs.10,500/- in the

year 2016. Enhancement hence is granted on the

following tabulation.

Sl. Head of Claim                    Amount           Total amount
No.                                  awarded by       after
                                     the              enhancement in
                                     Tribunal         appeal

                                           `                    `
1   Pain and sufferings                    25000                         25000


2   Transportation Expenses                    3000                       3000
3   Extra nourishment                          3000                       3000


4   Damage to clothing                              1000                      1000
5   Medical Expenses                               83800                     83800
6   Bystander Expenses                              6000                      6000
7   Disability                                   134400                     176400
                                                                [10500*12*7*20%]
8   Loss of amenities                              20000                     20000
9   Loss of earnings                               24000                     31500
                                                                           [10500*3]
    Total                                        300200                     349700

Enhanced amount = (349700-300200)=49500

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 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 amounts shall also run at the rate

ordered by the Tribunal from the date of application.

The appeal is allowed to the above extent.

Sd/-

K.VINOD CHANDRAN, Judge jma