Sumesh vs Shriram General Insurance ...
2022 Latest Caselaw 2257 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. 3329 OF 2020
  AGAINST THE AWARD DATED 3-3-2020 IN OPMV 1449/2018 OF THE
       PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE.


APPELLANT/PETITIONER    :

          SUMESH, AGED 45 YEARS,
          S/O. CHOYIKUTTY, 542, KUNNUMMAL HOUSE,
          KUMARANALLUR P.O., MUKKAM,
          KOZHIKODE DISTRICT-673602.
          BY ADVS.
          AVM.SALAHUDIN
          SMT.A.D.DIVYA



RESPONDENT/3RD RESPONDENT    :

          SHRIRAM GENERAL INSURANCE COMPANY LIMITED
          AZAD TOWER, AMMAN KOVIL ROAD, COCHIN-682035,
          REPRESENTED BY BRANCH MANAGER.

          BY ADV 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.3329 of 2020
                                    - 2 -


                     K.VINOD CHANDRAN, J
           ------------------------------------------------
                     M.A.C.A.No.3329 of 2020
          --------------------------------------------------
                 Dated this the 26th day of February, 2022

                               JUDGMENT

The appellant, a 43 year old man, suffered an injury in a

motor vehicle accident, which occurred in the year 2018. The

appeal is filed for enhancement of compensation. Enhancement is

sought on notional income, disability percentage as also loss of

earnings.

2. The Tribunal adopted Rs.12,000/- as the notional

income of the appellant. 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.11500/- in the year 2018 when the accident occurred. However,

the learned counsel points out that the appellant is asserted to be

a driver and also proved the license to drive a three-wheeler LMV

as produced at Ext.A12. Definitely, this has to be considered for

enhancement of compensation and in the overall circumstances

also considering Ramachandrappa (supra), this Court fixes the M.A.C.A.No.3329 of 2020

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notional income at Rs.13,000/-.

3. As far as the disability percentage is concerned, there is

no scope of enhancement since the disability is assessed by an

individual doctor, who was not examined before the Tribunal. The

Tribunal adopted 15% after seeing the appellant, which this Court

would not interfere with.

4. As for oss of earnings, the appellant suffered the

following injuries :

"fracture left calcaneum, fracture 5th metatarsal left, lacerated wound over dorsum of foot, abrasion over lateral malleolus left and fracture left talus. "

The appellant is also said to have undergone surgery for

external fixation and wound debridement. Considering the overall

circumstances, loss of earnings is granted for three months.

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 earning power 302400 13000 x 12 x 14 x 15/100 = 327600 2 Medical expenses 12000 12000

3 Bystander's expenses 12000 12000 4 Loss of earnings 24000 13000 x 3 = 39000 M.A.C.A.No.3329 of 2020

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  5    Pain and sufferings       25000                 25000
  6    Loss of amenities         25000                 25000
  7    Transport to hospital     3000                  3000
  8    Extra nourishment         3000                  3000
                Total           406400                446600

Amount enhanced :Rs.4,46,600 - Rs.4,06,400/- = Rs.40,200/-

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 172 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 M.A.C.A.No.3329 of 2020

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rate ordered by the Tribunal from the date of petition.

The appeal is allowed to the above extent.

Sd/-

K.VINOD CHANDRAN JUDGE

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