HIGH COURT OF KERALA
K VINOD CHANDRAN, J
SHEEJA BERNAD, – Appellant
Versus
THE DIVISIONAL MANAGER, – Respondent
JUDGMENT
The appeal is filed for enhancement of compensation.
2. The enhancement is possible only in the notional income, which as perRamachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. : [(2011) 13 SCC 236], can be increased to Rs.10,000/-. An additional amount of Rs.5,000/- is also added to the compensation for loss of amenities. The disability assessed by the Board at 20% was reduced to 15% by the Tribunal. Hence, the disability assessed by the Board can be adopted. The learned Standing Counsel for the insurance company agrees for the same. Enhancement is granted as per the following tabulation :
| Sl. No. | Head of Claim | Amount awarded by the Tribunal Rs | Total amount after enhancement in appeal Rs |
| Income/ Notional Income | 8000 | 10000 | |
| 1 | Loss of earnings | 24000 | 30000 (10000 x 3) |
| 2 | Transport to hospital | 2000 | 2000 |
| 3 | Extra nourishment | 3750 | 3750 |
| 4 | Damage to clothing | 1000 | 1000 |
| 5 | Medical expenses | 149050 | 149050 |
| 6 | Bystanders's expenses | 3750 | 3750 |
| 7 | Pain and sufferings | 30000 | 30000 |
| 8 | Compensation for permanent disability | 216000 | 10000 x 15 x 12 x 20/100 = 360000 |
| 9 | Loss of amenities/ enjoyment of life | 5000 | 10000 |
| Total | 4,34,550 | 5,89,550 | |
| Amou |
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.