Cherry Mathew vs Sasikala Muraleedharan Pillai
2022 Latest Caselaw 2046 Ker

                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. 1073 OF 2015
 AGAINST THE JUDGMENT IN OPMV 2100/2008 OF MOTOR ACCIDENT CLAIMS
                           TRIBUNAL,KOTTAYAM
APPELLANT:

             CHERRY MATHEW
             MANGALAPPALLY HOUSE, NORTH C I OFFICE, PULINKUNNU,
             KUTTANADU
             BY ADVS.
             SRI.C.S.MANILAL
             SRI.S.NIDHEESH


RESPONDENTS:

    1        SASIKALA MURALEEDHARAN PILLAI
             CHATHANATTU, MITRHAKARI P O, MUTTAR, ALAPPUZHA
    2        PRASANTH
             CHATHANATTU, MITRHAKARI P O, MUTTAR, ALAPPUZHA
    3        BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
             KOTTAYAM
             BY ADV SRI.AKHIL K.MADHAV


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 MACA No.1073/2015                       2




                              K.VINOD CHANDRAN, J

      ----------------------------------------------------
                      M.A.C.A No.1073 of 2015
     -----------------------------------------------------
                  Dated this the 23rd February, 2022

                                   JUDGMENT

The appellant is a 22 year old student who suffered

injuries in a motor vehicle accident. Appeal is filed for

enhancement of compensation. Appellant was assessed with

40% disability by the Medical Board which was reduced to

20%. The monthly income adopted by the Tribunal was

Rs.3,000/- per month. Even going by Ramachandrappa v.

Manager, Royal Sundaram Alliance Insurance Company Limited

[(2011) 13 SCC 236], a coolie is entitled to notional

income of Rs.6,500/- per month in the year 2008, which can

be fixed as the notional income of the appellant in this

case. There has to be disability compensation granted at

40% since the assessment is made by a Medical Board.

Enhancement will be as per the following tabulation:-

Sl. Head of Claim Amount awarded Total amount No. by the after Tribunal enhancement in appeal ` ` 1 Transportation 5000 5000 2 Extra nourishment 2000 2000

4 Bystander expenses 5000 5000 5 Medical expenses 121280 121280 6 Pain and sufferings 35000 35000 7 Loss of amenities 25000 25000 8 Permanent disability 129600 561600 (6500 x 12 x 18 x 40%) Total Rs.3,23,380/- Rs.7,55,380/-

Enhanced amount will be Rs.755380/- - 323380/- = Rs.4,32,000/-

4. 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 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

Lgk