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2022 Supreme(Online)(Ker) 73312
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DANY L – Appellant
Versus
CLEATUS – Respondent
MACA 1940/2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943 MACA NO. 1940 OF 2017 AGAINST THE JUDGMENT IN OPMV 1147/2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL TIRUR APPELLANT:
DANY L AGED 36 YEARS S/O. LOLITHAKSHAN, AGED 36 YEARS,MUNDIYAN MADAM HOUSE, THENHIPPALAM,CHENAKKALANGADI, MALAPPURAM DISTRICT.
BY ADVS.
SRI.C.M.MOHAMMED IQUABAL SRI.N.ARAVINDAN RESPONDENTS:
1 CLEATUS S/O. JOSEPH, KUNNATH HOUSE, ST.JOHN PEETA,KOCHI - 1
2 THE NEW INDIA ASSURANCE COMPANY LTD.
THAZHEPALAM, TIRUR, PIN - 676 101.
3 MANOJ K.A.
4/1289, KURUPLAVU ROAD, CHIRATTAPALAM, FORT KOCHI - 1 BY ADV SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.VINOD CHANDRAN, J ----------------------------------------------------
M.A.C.A No.1940 of 2017 -----------------------------------------------------
Dated this the 17th February, 2022
JUDGMENT
The appeal is filed for enhancement of compensation awarded by the Tribunal. The injured/appellant aged 27 years is said to have suffered 28% disability. The injuries sustained due to the accident are as follows:-
“comminuted fracture right olicranon, dislocation elbow right, comminuted intra- articular fracture right distal radius, comminuted fracture metaphyseal, swelling right elbow with tenderness over distal radius and right olecranon, deformity right elbow and abrasions over right leg and left foot”.
2. There was no proof for income produced by the applicant before the Tribunal and the Tribunal adopted Rs.5,000/- as the notional income. Going by Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], a coolie is entitled to notional income at Rs.7,000/- in the year, 2009. Hence, the appellant has to be granted the said amount as notional income. Appellant is also entitled to enhancement of compensation for disability which was assessed @ 22% by a Medical Board, which was reduced to 18% by the Tribunal. Further, considering the injuries sustained there shall be an additional amount of Rs.10,000/- granted for pain and suffering. The suggestion made by this Court was agreed to by both the learned counsel for the appellant and learned Standing Counsel for Insurance Company.
Sl. No.
Head of Claim
Amount awarded by the Tribunal `
Total amount after enhancement in appeal `
1
Loss of earning (Total)
15,000
21000(7000 X 3)
2
Partial loss of earning
Nil
Nil
3
Medical, Miscellaneous and bystander expenses
47500
47500
4
Future treatment
Nil
Nil
5
Bystander expenses
3000
3000
6
Transportation expenses
4000
4000
7
Extra Nourishment
2000
2000
8
Damage to clothing etc
500
500
9
Pain and suffering
15000
25000
10
Loss of dependency
Nil
Nil
11
Loss of consortium
Nil
Nil
12
Loss of love and affection
Nil
Nil
13
Loss of estate
Nil
Nil
14
Compensation towards permanent partial disability & earning power
183600
314160 (7000 X 12 X 17 X 22%)
15
Compensation for loss of amenities
5000
5000
16
Any other heads: Loss of earning power funeral expenses
Nil
Nil
Total 2,75,600/- 4,22,160/-
Amount enhanced – Rs.4,22,160/- - Rs.2,75,600/- = Rs.146,560/-
3. 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 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 a
