Nazeer vs New India Assurance Company ...
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               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. 2496 OF 2020
   AGAINST THE AWARD IN OPMV 1564/2015 OF MOTOR ACCIDENT CLAIMS
                         TRIBUNAL ,ERNAKULAM
APPELLANTS:

          NAZEER
          AGED 38 YEARS
          S/O. SULAIMAN, MELE CHOORKUNNU HOUSE, KANNAMBRA P.O.,
          VADAKKANCHERRY, MATHOOR, PALAKKAD DISTRICT,
          PINCODE-678 686.
          BY ADVS.
          MATHEWS K.PHILIP
          SMT.T.MANASY
          SMT.MINISHA K DAS


RESPONDENT:

          NEW INDIA ASSURANCE COMPANY LIMITED
          DIVISIONAL OFFICE, GROUND JUNCTION, KOCHI, ERNAKULAM
          DISTRICT, PINCODE-682 011, REPRESENTED BY ITS
          DIVISIONAL MANAGER.
          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.2496/2020                    - 2 -


                         K.VINOD CHANDRAN, J.
                      --------------------------
                        M.A.C.A.No.2496 OF 2020
                    -------------------------------
                  Dated, this the 19th February, 2022

                                   JUDGMENT

The appeal is for enhancement of compensation

awarded by the Tribunal. The learned Counsel would contend

that the injured was an Aluminium Fabricator, which he had

stated in his deposition. No objection having been raised,

it has to be deemed to be proved. This Court is of the

opinion that no such proof can be there merely on a

statement made in deposition. There should be some evidence

produced to prove the income generated from the avocation.

The Tribunal has taken the notional income as has been

declared in Ramachandrappa v. Royal Sundaram Alliance

Insurance Company Ltd. [(2011) 13 SCC 236]. In such

circumstance, this Court does not find any reason to

increase the compensation for disability or notional income.

However, considering the overall circumstances and the

injuries caused to the appellant, this Court is of the

opinion that a nominal increase of Rs.30000/- (Thirty

thousand only) can be granted as a lump-sum enhancement.

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 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 jma