Arun Mohan vs The Divisional Manager
2022 Latest Caselaw 2048 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. 3205 OF 2020
 AGAINST THE JUDGMENT IN OPMV 1593/2016 OF MOTOR ACCIDENT CLAIMS
                           TRIBUNAL, KOLLAM
APPELLANT:

             ARUN MOHAN
             AGED 27 YEARS
             S/O.VIJAYA MOHAN, PALACE, VAZHATHOOPPU, KALLARA P.O.,
             THIRUVANANTHAPURAM THROUGH HIS POWER OF ATTORNEY HOLDER
             VIJAYAMOHANAN, S/O.DAMODHARAN, AGED 62 YEARS, PALACE,
             VAZHATHOOPPU, KALLARA P.O., THIRUVANANTHAPURAM-695608.
             BY ADVS.
             PRATHEESH.P
             SMT.ANJANA KANNATH


RESPONDENT:

             THE DIVISIONAL MANAGER
             M/S. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL
             OFFICE, BEACH ROAD, KOLLAM-691001.
             BY ADV SMT.P.K.SANTHAMMA


     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.3205/2020                         2



                              K.VINOD CHANDRAN, J

        ----------------------------------------------------
                        M.A.C.A No.3205 of 2020
       -----------------------------------------------------
                    Dated this the 23rd February, 2022

                                   JUDGMENT

Appellant, a 24 year old, suffered injuries in a motor

vehicle accident in the year, 2016. Appeal is filed for

enhancement of compensation awarded by the Tribunal. The

appellant's income was taken at Rs.600/- per day,

calculated for 15 days. In Ramachandrappa v. Manager, Royal

Sundaram Alliance Insurance Company Limited [(2011) 13 SCC

236], the Honourable Supreme Court fixed the notional

income of a coolie in the year 2016 as Rs.10,500/-, which

can be adopted for the appellant in this case.

2. Considering the injuries, there can be a nominal

addition of Rs.10,000/- for loss of amenities and enjoyment

in life. The total enhanced compensation shall be

Rs.19,000/-.

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. Since there was a delay of

255 days in filing the appeal, interest on the enhanced

amount would not run for the said period. 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