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2022 Supreme(Online)(KER) 38847

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
SHEEJA BERNAD, – Appellant
Versus
THE DIVISIONAL MANAGER, – Respondent


Advocates:
A.N.SANTHOSH, SRI.RAJAN P.KALIYATH, SRI.E.C.KURIAKOSE, SRI.B.G.BIDAN CHANDRAN

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

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