Sajith vs Johny T.P
2022 Latest Caselaw 2252 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
SATURDAY, THE 26TH DAY OF FEBRUARY 2022 / 7TH PHALGUNA, 1943
                       MACA NO. 3020 OF 2017
AGAINST THE AWARD DATED 16-5-2017 IN OPMV 1203/2012 OF MOTOR
              ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR.
APPELLANT/PETITIONER    :

            SAJITH, AGED 25 YEARS, S/O MOHANDAS,
            MOONELIMUGHAL HOUSE, KUNNATHUNADU ILLAGE,
            KUNNORKODE KARA, ERNAKULAM DISTRICT. PIN-683544.

            BY ADV SRI.T.K.SAJEEV


RESPONDENTS/RESPONDENTS     :

    1       JOHNY T.P, S/O POULOS,
            THAZHATHETHEKKUMATTATHIL HOUSE,
            KIZHAKKAMBALAM VILLAGE, NJARALLOOR P.O.,
            ERNAKULAM DISTRICT. PIN-683 544.
    2       SHAJAN V.J,
            10/515, VIRUNNATTU HOUSE,KIZHAKKAMBALAM VILLAGE,
            NJARALLOOR P.O., ERNAKULAM DISTRICT. PIN-683 544.
    3       SRIRAM GENERAL INSURANCE CO. LTD.
            10003, E-8, RIICO INDUSTRIAL AREA,SITAPURA, JAIPUR,
            RAJASTHAN, PIN-302022.
            BY ADVS.
            R3 BY SRI.P.JACOB MATHEW
            SRI.MATHEWS JACOB SR.


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION    ON   26.02.2022,     THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
  M.A.C.A.No. 3020 of 2017
                                 - 2 -

                     K.VINOD CHANDRAN, J
           ------------------------------------------------
                     M.A.C.A.No.3020 of 2017
          --------------------------------------------------
               Dated this the 26th day of February, 2022



                              JUDGMENT

The appeal is filed for enhancement of compensation. The

appellant, a 20 year man, suffered an injury in a motor vehicle

accident, occurred in the year 2012. The injury caused led to

disability being assessed at 60%, which the Tribunal adopted fully.

The learned counsel for the appellant claims enhancement in the

notional income as also grant of future prospects since the

disability assessed is 60%.

2. The learned Standing Counsel for the Insurance

Company argues that future prospects are given to injured, only in

circumstance of there being no possibility of carrying on any

employment. Considering the overall circumstances and also the

age of the applicant, this Court is of the opinion that a nominal

enhancement for future prospects at 125% can be granted.

3. Going by Ramachandrappa v. Manager, Royal

Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC M.A.C.A.No. 3020 of 2017

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236, the notional income of a coolie is fixed at Rs.8,500/- in the

year 2012 when the accident occurred. The appellant herein

claimed to be a bus conductor and he had produced Ext.A10

license with a badge, which proves the claim made by him before

the Tribunal. When a coolie is entitled to Rs.8,500/- as notional

income, it is only proper that a marginal addition be made in the

case of a bus conductor. This Court fixes the notional income of the

appellant at Rs.11,000/-. Enhancement is made as per the

tabulation below:

Head of Claim Amount awarded Total amount after Sl. by the Tribunal enhancement in appeal No. Rs Rs 1 Loss of earnings 48000 11000 x 8 = 88000

2 Partial loss of earnings Nil Nil

3 Transport to hospital 3500 3500 4 Extra nourishment 2500 2500 5 Damage to clothes 1000 1000 6 Medical expenses 283335 283335 7 Pain and suffering 50000 50000 8 Loss of amenities etc. 35000 35000 9 Permanent disability 777600 11000 x 125% x 12 x 18 x 60% = 1782000 10 Attendance charge 10500 10500 11 Loss of earning power Nil Nil Total 1211435 2255835

Amount enhanced : Rs.22,55,835/- - Rs.12,11,435 =Rs.10,44,400/- M.A.C.A.No. 3020 of 2017

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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(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