Kerala High Court
Shelly K.K vs The New India Assurance Company ... 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. 4250 OF 2019
AGAINST THE AWARD IN OPMV 1122/2016 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL , IRINJALAKUDA
APPELLANT:
SHELLY K.K.
AGED 60 YEARS
S/O KORAPPAN, KATTUPARAMBIL HOUSE, KOODAPPUZHA DESOM,
EAST CHALAKUDY VILLAGE, CHALAKUDY P.O.
BY ADV A.N.SANTHOSH
RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LTD.
12/1/KAMARAJ ROAD, MAHALINGAPURAM, POLACHI P.O.TAMIL
NADU-642 002,REP BY ITS MANAGER .( NO RELIEF IS CLAIMED
AGAINST THE RESPONDENTS 1 AND 2 IN THE CLAIM PETITION
AND THEY HAVE NOT BEEN MADE PARTIES TO THIS APPEAL)
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.4250/2019 - 2 -
K.VINOD CHANDRAN, J.
--------------------------
M.A.C.A.No.4250 OF 2019
-------------------------------
Dated, this the 19th February, 2022
JUDGMENT
The appellant is 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 Disability 172000 226800
[10500*12*9*20%]
2 Transportation Expenses 1000 1000
3 Extra nourishment 2000 2000
5 Medical Expenses 183400 183400
6 Bystander Expenses 9900 9900
7 Pain and sufferings 50000 50000
8 Loss of amenities 30000 30000
9 Loss of earnings 48000 63000
[10500*6]
10 Disfiguration 20000 20000
11 Anticipated Medical 15000 15000
expenses
Total 532600 601600
Enhanced amount = (601600-532600)=69000
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 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
