Kerala High Court
Sasi vs The Branch Manager on 26 February, 2022
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. 3063 OF 2015
AGAINST THE JUDGMENT IN OPMV 1249/2010 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - IV & ADDL MACT, PATHANAMTHITTA
APPELLANT:
SASI
AGED 46 YEARS
S/O. PODIYAN, THEKKECHARUVIL HOUSE, GIRIVARGA COLONY,
UTHIMOODUMURI & POST, RANNI VILLEGE & TALUK,
PATHANAMTHITTA
BY ADVS.
SRI.T.K.BIJU (MANJINIKARA)
SMT.ANNIE M.ABRAHAM
RESPONDENT:
THE BRANCH MANAGER
SREERAM GENERAL INSURANCE COMPANY LTD, ANAND TOWERS,
VRM ROAD, RAVIPURAM, ERNAKULAM ,KOCHI 682 016
BY ADVS.
SRI.P.JACOB MATHEW
SRI.MATHEWS JACOB SR.
SMT.PREETHY R. NAIR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 26.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA No.3063/2015 2
K.VINOD CHANDRAN, J
----------------------------------------------------
M.A.C.A No.3063 of 2015
-----------------------------------------------------
Dated this the 26th February, 2022
JUDGMENT
A 42 year old, suffered injuries in a motor vehicle
accident in the year, 2010, which left him with 15%
disability. The Tribunal adopted notional income of
Rs.5,000/-. The only claim that can be made in the appeal
is with respect to notional income. In Ramachandrappa v.
Manager, Royal Sundaram Alliance Insurance Company Limited
[(2011) 13 SCC 236, the Honourable Supreme Court adopted
notional income @ Rs.7500/-, for a coolie in the year 2010.
Hence the same can be taken for the appellant in this case.
The enhancement will be as follows:-
Sl. Head of Claim Amount Total amount
No. awarded by after
the Tribunal enhancement in
appeal
` `
1 Loss of earnings 20000 30000(7500 x 4)
2 Pain and sufferings 20000 20000
3 Loss of amenities 20000 20000
4 Transport to Hospital 1000 1000
5 Extra nourishment 1000 1000
6 Loss of earning 163800 189000 (7500 x
capacity 12 x 14 x 15%)
7 Medical expenses 2707 2707
8 Bystanders expenses 1000 1000
Total 229507 264707
Amount enhanced = Rs.264707 - Rs.229507 - Rs.35,200/-
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
114 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
