Simon Kutty M.G vs Rajesh
2022 Latest Caselaw 2129 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                    MACA NO. 1381 OF 2015
   AGAINST THE AWARD IN OPMV 318/2011 OF ADDITIONAL MACT,
                         THODUPUZHA.

APPELLANT/PETITIONER      :

          SIMON KUTTY M.G, AGED 56 YEARS
          S/O.GEORGE, MANALLOOR HOUSE, KAIRALY NAGAR BHAGAM,
          MANNANTHALA KARA, ULOOR VILLAGE,
          THIRUVANANTHAPURAM.

          BY ADV SRI.UNNIKRISHNAN.V.ALAPATT


RESPONDENTS/RESPONDENTS       :

    1     RAJESH, S/O.JANARDHANAN NAIR, GEETHA BHAVAN,
          AMBALATHARA BHAGAM, MANAKKADU VILLAGE,
          THIRUVANANTHAPURAM-695009.
    2     MURALEEDHARA KURUP,
          S/O.KRISHNAN NAIR, TC 2/1732, KARAMANA,
          THIRUVANANTHAPURAM-695002.
    3     BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD.
          GE-PLAZA, AIR PORT ROAD, YERWADA, PUNE 411066
          REPRESENTED BY MANAGER AND AUTHORISED SIGNATORY
          POPULAR VEHICLES AND SERVICES LTD., ARAKUZHA ROAD,
          PERUMBALLOOR P.O., MUVATTUPUZHA-686693.

          R1 BY ADV SRI.AKHIL K.MADHAV.

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
  M.A.C.A.No.1381 of 2015
                                - 2 -

                     K.VINOD CHANDRAN, J
           ------------------------------------------------
                     M.A.C.A.No.1381 of 2015
          --------------------------------------------------
                Dated this the 24th day of February, 2022

                             JUDGMENT

A 56 year old man suffered an injury in the year 2011.

His disability was assessed at 40%. The Tribunal reduced it to

15%. The Tribunal found that since no Doctor was examined, the

disability cannot be accepted as found in the certificate. However,

the disability is assessed by a Medical Board.

2. The notional income was computed at Rs.12,500/- as

claimed in the application for compensation. The claimant asserted

that he receives more salary as per Ext.A7 salary certificate. The

Tribunal disbelieved the same, especially since it was only

allowances that were due to him. The appellant was engaged in a

public sector undertaking and there was no loss of employment.

3. Considering the overall circumstances, the maximum

that could be granted as enhancement is with respect to the

disability, which can be increased to 20%, only because the

appellant would have suffered some career setbacks and not

complete loss of employment. The enhanced compensation would

be Rs.67,500/-. (Rs.12,500 x 12 x 9 x 20% = 270000 - 202500). M.A.C.A.No.1381 of 2015

- 3 -

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. Since there was a delay of 234 days in filing the

appeal, interest for 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 amk