Kerala High Court
Vijayamma vs The Divisional Manager 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. 3562 OF 2019
AGAINST THE DATED 31.10.2018 IN OPMV 323/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KOLLAM
APPELLANTS/PETITIONERS:
1 VIJAYAMMA,
AGED 60 YEARS
W/O. LATE BALAKRISHNA PILLAI, HARITHA VEEDU, ACKOLIL,
MAYYANAD, KOLLAM-691 303.
2 RAJI V.
AGED 36 YEARS
D/O. LATE BALAKRISHNA PILLAI, HARITHA VEEDU, ACKOLIL,
MAYYANAD, KOLLAM-691 303.
BY ADVS.
PRATHEESH.P
SMT.S.REKHA KUMARI
RESPONDENT/2ND RESPONDENT:
THE DIVISIONAL MANAGER,
M/S. NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE,
KSFE BUILDING, CHINNAKKADA, KOLLAM-691 001.
BY ADV SRI.P.JACOB MATHEW
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. 3562 OF 2019
2
K.VINOD CHANDRAN, J
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M.A.C.A.No. 3562 of 2019
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Dated this the 23rd day of February, 2022
JUDGMENT
The appellants are the wife and daughter of a 66 year old,
who died in an accident in the year 2014. The Tribunal adopted a
notional income of Rs.7,500/-, which is increased to Rs.9500/-, in the
year 2016, going by Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC
236. The deceased was admitted in the hospital for about seven days
and that is proved by the wound certificate produced as Exts.A6 and
A7, which was dated 11.11.2014. Hence, a nominal addition of
Rs.10,000/- can be made under the head pain and suffering.
Enhancement is made as per the tabulation below:
Sl. Head of Claim Amount Total amount after
No. awarded by enhancement in appeal
the Tribunal (Rs)
(Rs)
1 Loss of earning Nil Nil
Partial loss of earning Nil Nil
2 Transport to hospital 6000 6000
Bystander expenses 2000 2000
3 Extra nourishment Nil Nil
4 Damage to clothing 4000 4000
6 Other medicine and Funeral 237000 252000
expenses 15000
7 Pain and sufferrings & loss of Nil 10000
love and affection
MACA NO. 3562 OF 2019
8 Compensation for consortium 80000 95000
and estate 15000
9 Loss of dependency 300000 (9500x12x5x2/3)380000
Total 6,59,000 7,49,000
Amount enhanced - Rs.7,49,000 - Rs.6,59,000 = Rs.90,000/-
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. Since there was a delay of 178 days in filing the appeal,
interest on the enhanced quantum would not run for the said period.
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 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
MACA NO. 3562 OF 2019
