Kerala High Court
Shijilesh vs Shriram General Insurance Co. ... 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. 4058 OF 2018
AGAINST THE AWARD DATED 2-8-2017 IN OPMV 285/2012 OF
PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE.
APPELLANT/PETITIONER:
SHIJILESH, AGED 30 YEARS
S/O. SIVADASAN, VAPPANOTT (H), PALISSERY,
KUNNAMANGALAM, KOZHIKODE 673 571.
BY ADV AVM.SALAHUDIN
RESPONDENT/3RD RESPONDENT :
SHRIRAM GENERAL INSURANCE CO. LIMITED,
10003-E-8, RICO INDUSTRIAL AREA, SITAPURA, JAIPUR,
RAJASTHAN 302 022.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
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.4058 of 2018
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K.VINOD CHANDRAN, J
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M.A.C.A.No.4058 of 2018
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Dated this the 26th day of February, 2022
JUDGMENT
The appeal is filed for enhancement of compensation for the
injuries suffered by the appellant in a motor vehicle accident in the
year 2011.
2. The appellant's notional income was fixed at Rs.3,000/-
by the Tribunal. Going by Ramachandrappa v. Manager, Royal
Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC
236, the notional income of a coolie is fixed at Rs.8,000/- in the
year 2011 when the accident occurred. In such circumstance, this
Court is of the opinion that the notional income can be fixed at
Rs.8,000/- per month. As far as disability is concerned, the entire
10% has been adopted by the Tribunal. The disability
compensation will also have to be increased considering the
notional income now adopted.
3. Further submission of the appellant is with respect to
the contributory negligence of 20% mulcted on the appellant. As
M.A.C.A.No.4058 of 2018
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rightly pointed out by the learned counsel for the appellant, the
contributory negligence was mulcted on the ground that the wound
certificate showed a smell of alcohol. For the mere reason of smell
of alcohol having been detected by the Doctor, who first saw the
injured, it cannot be assumed that the injured was inebriated and
that he had been negligent in driving the vehicle. Hence, the
contributory negligence mulcted on the injured is set aside.
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 9000 8000 x 3 = 24000
2 Transport to hospital 1000 1000
4 Extra nourishment 1000 1000
5 Medical expenses 1985 1985
6 Bystander expenses 3750 3750
7 Pain and suffering 20000 20000
8 Loss of amenities 5000 5000
9 Loss of income due to 64800 8000 x 12 x 18 x 10/100 =
disability 172800
107285 230285
Amount enhanced :Rs.2,30,285/- - Rs.1,07,285/- = Rs.1,23,000/-
4. The Insurance Company shall pay interest for the amounts
awarded by the Tribunal at the rate directed in the impugned
M.A.C.A.No.4058 of 2018
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award and for the enhanced amounts at the rate of 5% from the
date of petition. Since there was a delay of 311 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
