Kerala High Court
Anto.Aj vs The New India Assurance ... 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. 2900 OF 2019
AGAINST THE AWARD DATED 18.01.2019 IN OPMV 1480/2017 OF
PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
ANTO.AJ.,
AGED 70 YEARS
S/O.JOSEPH, RESIDING AT 'ANNA', 22/1349, MANARI P.O.,
THIRUVANNUR NADA, KOZHIKODE- 673029.
BY ADV AVM.SALAHUDIN
RESPONDENT/3RD RESPONDENT:
THE NEW INDIA ASSURANCE CO.LIMITED,
DO 1, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE-
673004.
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:
M.A.C.A.No. 2900 of 2019
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K.VINOD CHANDRAN, J
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M.A.C.A.No.2900 of 2019
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Dated this the 19th day of February, 2022
JUDGMENT
The appeal against the award of the Tribunal is only on the
quantum. The petitioner, a 69 year old, sustained fracture, neck of
right femur and contused abrasion right hip and knee. The appeal is
filed for enhancement of compensation. The petitioner claimed that
he was a Sales Manager and produced Ext.A7 salary certificate issued
by the Managing Partner. The Tribunal found that the author of the
certificate was not examined and hence it was not proved. Further
contention is with respect to loss of earnings not beingn granted. The
petitioner suffered a total hospitalisation of 11 days.
2. Considering the overall circumstances, this Court is of the
opinion that the loss of earnings can be granted for one month. Even
a coolie, as has been decided in Ramachandrappa v. Manager,
Royal Sundaram Alliance Insurance Company Ltd. : (2011) 13
SCC 236 would be fixed with a notional income of Rs.10,500/- in the
M.A.C.A.No. 2900 of 2019
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year 2016. Considering the fact that a salary certificate was
produced, the notional income can be fixed at Rs.11,000/-
Enhancement is made as per the tabulation below:
Sl. Head of Claim Amount awarded Total amount after
No. by the Tribunal enhancement in appeal
Rs
Rs
1 Loss of earnings - 11000
Loss of earning capacity 120000 (11000x12x5x20/100)
132000
2 Pain and suffering 10000 10000
3 Loss of amenities and 5000 5000
enjoyment of life
4 Medical bills 56700 56700
5 Bystander's expenses 6600 6600
6 Transport to hospital 1000 1000
7 Extra nourishment 1000 1000
Total 2,00,300 2,23,300
Amount enhanced - Rs.2,23,300 - Rs.2,00,300 = Rs.23,000/-
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(s) 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
M.A.C.A.No. 2900 of 2019
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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.
Sd/-K.VINOD CHANDRAN
JUDGE
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