Kerala High Court
Shereef.K.K vs Haris on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
MACA NO.1325 OF 2020
AGAINST THE AWARD DATED 16.10.2019 IN OP(MV) NO.982/2017 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANT/PETITIONER:-
SHEREEF K.K., AGED 32 YEARS, S/O.KUMARAN,
KARUPPAMVEETTIL HOUSE, 25TH KAILU DESOM,
PANANGAD P.O., S.N.PURAM VILLAGE,
MATHILAKAM, PIN-680665.
BY ADVS.
V.BINOY RAM
S.SIDHARDHAN
RESPONDENTS/RESPONDENTS:-
1 HARIS, S/O.BEERAN, MUKRIYAKATH HOUSE,
AZHIKODE, ERIYAD P.O., KODUNGALLUR,
THRISSUR DISTRICT, PIN-680 666.
2 THE MANAGER,
NEW INDIA ASSURANCE COMPANY LTD., NAKKARA COMPLEX,
TOWN HALL ROAD, IRINJALAKUDA, PIN-680 121.
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.1325 OF 2020 2
K.VINOD CHANDRAN, J.
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M.A.C.A.No.1325 OF 2020
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Dated this the 2nd March, 2022
JUDGMENT
The appellant was injured in an accident in the
year 2017. The appellant was aged 29 years old and his
notional income was adopted at Rs.9,000/-. Disability
was taken at 6%, whereas the assessment by Ext.A11
Certificate was 11.59%. The appellant claims enhancement
on the notional income, the disability percentage and
also bystander's expenses. The appellant was
hospitalised for a period of 24 days. Even going by the
decision in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Company Limited [(2011) 13 SCC 236],
the monthly income of a coolie is Rs.11,000/- in 2017.
The same can be adopted as the notional income for the
appellant. There can be nominal increase on disability
percentage to 8%. Enhancement is made as per the
tabulation below:
Sl. Head of Claim Amount Total amount
No. awarded by after enhancement
the in appeal
Tribunal
1 Loss of earnings 27000 33000 [11000*3]
2 Transportation expenses 3000 3000
3 Damage to clothing 2000 2000
4 Extra nourishment 2000 2000
5 Bystander's expenses 2100 2100
6 Medical expenses 12774 12774
7 Pain and suffering 60000 60000
8 Permanent disability 110160 179520
[11000*12*17*8/100]
9 Loss of amenities 30000 30000
Total 249034 324394
Total compensation = 324394-249034=75360
2. 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 claimants 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 furnished 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 shall run at the rate ordered by the
Tribunal.
The appeal is allowed to the above extent, on
consent of both parties.
Sd/-
K.VINOD CHANDRAN, JUDGE
sp/03/03/2022
