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2022 Supreme(Online)(KER) 53395
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. 2125 OF 2021 AGAINST THE AWARD DATED 04.12.2019 IN OPMV 80/2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM APPELLANT/CLAIMANT:
SHAHARBAN AGED 36 YEARS W/O. MOIDEEN ABDUL KHADER, PUTHAN HOUSE, CHATHANKODE, MANAPADAM, PALAKKAD DISTRICT, PIN - 678687.
BY ADVS.
T.K.VIPINDAS K.M.MUHAMMED HUSSAIN RESPONDENTS/RESPONDENTS:
1 KOYAKUTTY S/O. BEERANKUTTY, POOKAYIL HOUSE, CHEMMAD, KUMBAKKADAVU ROAD, TIRURANGADI P.O, MALAPPURAM DISTRICT, PIN - 676306.
2 ABDU RAHIMAN S/O. HASSAN K.P, KALLUPARAMBU HOUSE, TIRURANGADI P.O, MALAPPURAM DISTRICT, PIN - 676306.
3 NEW INDIA ASSURANCE CO.LTD, JRJ COMPLEX, IIND FLOOR, MAIN ROAD, OTTAPALAM, PIN -
679101, REPRESENTED BY MANAGER.
BY ADV 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:
K.VINOD CHANDRAN, J ------------------------------------------------
M.A.C.A.No. 2125 of 2021 --------------------------------------------------
Dated this the 02nd day of March, 2022
JUDGMENT
The appellant was injured in a motor vehicle accident, which occurred in the year 2017. The appellant was 34 year old and disability assessed at 12% by a Doctor. The Doctor was examined as PW1. The Tribunal granted only 5% disability and adopted an income of Rs.8,000/- as against the claim of Rs.12,000/-.
2. Even a coolie, as has been decided in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC 236 would be fixed with a notional income of Rs. 11,000/- in the year 2017. The appellant suffered the following injuries:
“ Closed communited fracture of tibia right side and multiple abrasion”.
The disability suffered are also explained as follows:
“Disability of 12% for the physical and functional disabilities of surgical scar to the right knee and leg, range of flexion of right knee is 100o as against 130o , difficulty in climbing stairs, squatting, sitting on the floor, X-ray shows mal union of right tibia.”
3. Considering the entire circumstances, this Court is of the opinion that the Tribunal erred in having reduced the injury to 5%. The disability as deposed by the Doctor, who assessed the appellant and was examined before Court can be accepted at the rate of 6.5%. Considering the injuries, loss of income is taken for six months.
Enhancement is made as per the tabulation below:
| Sl. No. | Head of Claim | Amount awarded by the Tribunal Rs. | Total amount after enhancement in appeal Rs. |
| 1 | Loss of earnings | 24000 | 66000 (11000x6) |
| 2 | Transportation Expenses | 1875 | 1875 |
| 3 | Extra nourishment | 2000 | 2000 |
| 4 | Damage to clothing | 1000 | 1000 |
| 5 | Medical Expenses | 69945 | 69945 |
| 6 | Bystander Expenses | 2000 | 2000 |
| 7 | Pain and suffering | 25000 | 25000 |
| 8 | Loss of amenities | 25000 | 25000 |
| 9 | Disability | 72000 | 128700 (11000x12x15x6.5/100) |
| Total | 2,22,820 | 3,21,520 | |
| Amount enhanced – Rs.3,21,520 – Rs.2,22,820 = Rs. 98,700/- |
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. 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.
