Kerala High Court
Jubair.K vs Sriram General Insurance Co. Ltd on 23 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
MACA NO. 1302 OF 2017
AGAINST THE AWARD DATED 08.07.2016 IN OPMV 305/2014 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL , THALASSERY
APPELLANT/PETITIONER:
JUBAIR.K
AGED 23 YEARS
S/O MOIDEEN,RAYAROTH HOUSE, KOLLANCHIRA, EACHUR
PO,KANNUR DISTRICT.
BY ADVS.
SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
RESPONDENT/3RD RESPONDENT:
SRIRAM GENERAL INSURANCE CO. LTD.
HASSAN ARCADE, CIVIL STATION PO,KANNUR. 670002.
BY ADVS.
SRI.P.JACOB MATHEW
SRI.MATHEWS JACOB SR.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No. 1302 of 2017
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K.VINOD CHANDRAN, J
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M.A.C.A.No. 1302 of 2017
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Dated this the 23rd day of February, 2022
JUDGMENT
The appellant was injured in an accident in the year 2013.
The appellant was 61 years old. The appellant's injuries are as
follows:
"Multiple facial abrasions, multipled abrasion over
right arm and forearm outer aspect, multiple
abraded contusion over the right leg, cerebral
oedema with left fronto temporal parietal subdural
hemorrhage, bilateral sub arachnoid hemorrhage
over the brain, bilateral mandibular condyle fracture,
fracture zygomatic bone right side and lateral and
medial wall of right orbit, fracture 4 th and 5the
metatarsal bone left foot".
2. Learned counsel for the appellant submits that the
appellant is still suffering from the injuries suffered in the accident
and he has a disability. However, no disability was assessed medically
by the appellant. In such circumstances, there is no question of
M.A.C.A.No. 1302 of 2017
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grant of loss of compensation for disability suffered. However, the
Tribunal adopted a notional income of Rs.7,000/-. 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.9,000/- in the year 2013. The loss
of earnings has been computed for five months, as Rs.35,000/-. This
will stand enhanced to Rs.45,000/-. As far as pain and suffering is
concerned, considering the above mentioned injuries, it is only proper
that there is an increase made of Rs.25,000/-. The total
enhancement hence would be Rs.35,000/-.
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
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
M.A.C.A.No. 1302 of 2017
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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
lsn
