Kerala High Court
Girija vs Bajaj Allianz General Insurance ... 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. 2931 OF 2020
AGAINST THE JUDGMENT IN OPMV 481/2018 OF ADDITIONAL DISTRICT COURT
& MOTOR ACCIDENT CLAIMS TRIBUNAL , NORTH PARAVUR
APPELLANT:
GIRIJA
AGED 55 YEARS
W/O SASI, PALLATHU HOUSE, CHERAI BEECH KARA, PALLIPURAM
VILLAGE.
BY ADV A.N.SANTHOSH
RESPONDENTS:
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD,
BRANCH OFFICE, COASTAL CHAMBERS, OPP MERCY ESTATE. M.G
ROAD, ERNAKULAM, KOCHI-682 015, REPRESENTED BY ITS
MANAGER
BY ADVS.
SRI.RINU. S. ASWAN
SMT.M.ARDRA KRISHNAN
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.2931/2020 2
K.VINOD CHANDRAN, J
----------------------------------------------------
M.A.C.A No.2931 of 2020
-----------------------------------------------------
Dated this the 19th February, 2022
JUDGMENT
The appeal is filed for enhancement of compensation
awarded by the Tribunal. The only scope in this appeal is
with regard to notional income. Tribunal has taken
Rs.10,000/-. Going by Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company Limited [(2011) 13
SCC 236], it can be taken as Rs.11,500/-.
In the above circumstances, the following
enhancement is made.
Sl. Head of Claim Amount awarded Total amount
No. by the after
Tribunal enhancement in
appeal
` `
1 Loss of earnings 30,000 34,500
(11500 x 3)
2 Extra nourishment 6,000 6,000
3 Damage to clothing and 2,000 2,000
articles
4 Medical expenses 1,55,000 1,55,000
5 Transporation expenses 8,000 8,000
6 Bystander expenses 9,000 9,000
7 Pain and sufferings 90,000 90,000
8 Amenities 30,000 30,450
9 Future treatment - -
expenses
10 Compensation for - -
disfiguration
11 Compensation for 1,32,000 1,51,800
disability (11500 x 12 x
11 x 10%)
total 4,62,000 4,86,750
Amount enhanced = Rs.4,86,750/- - Rs.4,62,000/- = Rs.24,750/-
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. Since there was a delay of 296
days in filing the appeal, the interest would not run for the
said period. 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 also run at the rate
ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent. No costs.
Sd/-
K.VINOD CHANDRAN, JUDGE
Lgk
