Sreejith K.P vs Sajeevan S
2022 Latest Caselaw 2163 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. 2648 OF 2014
  AGAINST THE AWARD DATED 12.08.2011 IN OPMV 1173/2008 OF II
    ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , KOZHIKODE
APPELLANT/PETITIONER:

            SREEJITH K.P
            AGED 37 YEARS
            S/O. NARAYANAN NAIR, RESIDING AT ANASWARA, VHEVAYUR
            POST, KOZHIKODE - 673 017.
            BY ADVS.
            SRI.V.S.CHANDRASEKHARAN
            SRI.M.V.DAS


RESPONDENTS/RESPONDENTS:

    1       SAJEEVAN S
            AGE NOT KNOWN, THUNDIL PUTHENVEEDU, T.K.M. COLLEGE
            POST, KARIODU, KOLLAM - 691 531.
    2       BAJAJ ALLIANZ GENERAL INSRUANCE COMPANY LIMITED
            TECHNICAL MANAGER, 3RD FLOOR, FINANCE TOWERS, KALOOR,
            ERNAKULAM - 682 017.

            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.2648 of 2014
                                     - 2 -



                      K.VINOD CHANDRAN, J
            ------------------------------------------------
                     M.A.C.A.No. 2648 of 2014
           --------------------------------------------------
                     Dated this the 24th day of February, 2022

                                  JUDGMENT

The appellant was 37 years old, claimed compensation for the

injuries occurred in a motor vehicle accident in the year 2007. The Tribunal

adopted Rs.2,000/- as the notional income, which can be increased to

Rs.6,000/-, going by the decision in Ramachandrappa v. Manager, Royal

Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC 236.

SlN Head of Claim Amount awarded by Total amount after o the Tribunal enhancement in appeal Rs.

Rs.

  1    Loss of leave                           10000                       12000
                                                                         (6000x2)

  2    Transportation Expenses                  1000                        1000
  3    Extra nourishment                        1000                        1000

  5    Medical Expenses                         1500                        1500
  6    Bystander Expenses                       3900                        3900
  7    Pain and suffering                      20000                       20000
  8    Loss of amenities                        5000                        5000
  9    Disability                              44160                       248400
                                                                 (6000x12x15x23%)

                    Total                      87060                     2,93,300

Amount enhanced -Rs.2,93,300 - Rs.87,060 = Rs.2,06,240

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 M.A.C.A.No.2648 of 2014

- 3 -

enhanced amounts at the rate of 5% from the date of petition. Since there

was a delay of 1047 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