IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN SATURDAY, THE 26^TH DAY OF FEBRUARY 2022 / 7TH PHALGUNA, 1943 MACA NO. 2502 OF 2018 AGAINST THE AWARD DATED 27-10-2017 IN OPMV 2069/2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM.

APPELLANT/PETITIONER :

NAVIN @ NAVI JOHN CABRAL, S/O LANCY CABRAL, AGED 23 YEARS, PULIYANATHUPARAMBU HOUSE, H.NO.25/1218, MILMA JUNCTION, NAZRETH, KOCHI, PIN - 682 002 BY ADVS.

MATHEWS K.PHILIP T. MANASY RESPONDENTS/RESPONDENTS :

1 SHEEJA K.G., W/O ANISH, CHAKKANATTUPADICKAL HOUSE, NAMBIYAMPURAM, PALLURUTHY PO.

2 BABU M.K., S/O KUNJUKUTTY, MANAPPURATH HOUSE, PAMBAIMOOLA, EDAKOCHI - 682 006.

3 THE DIVISIONAL MANAGER, M/S.SHRIRAM GENERAL INSURANCE COMPANY LIMITED, AZAD TOWER, AMMAN KOVIL CROSS ROAD, KOCHI - 35.

BY ADV R.AJITH KUMAR (128/84)

R3 BY ADV.P.JACOB MATHEW.

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.VINOD CHANDRAN, J ------------------------------------------------

M.A.C.A.No.2502 of 2018 --------------------------------------------------

Dated this the 26^th day of February, 2022

JUDGMENT

The appeal is filed for enhancement of compensation. The appellant, a 20 year old man, suffered an injury in a motor vehicle accident, which occurred in the year 2014. He suffered in-patient for 28 days and his injuries are as follows :

“ Fracture of frontal bone, post traumatic CSF rhinorrhea, alveolar fracture of mandible, fracture of bilateral ZM complex, fracture of nasal bone, loosening of teeth from upper jaw, lose of tooth incisor, multiple broken teeth, lacerated wound on the forehead, lacerated wound over upper lip and nose, frontal contusion right and basi frontal contusion.”

2. Looking at the award of the Tribunal, this Court finds that the appellant has been granted a substantial amount under the head of pain and suffering, which alleviates his sufferings due to the injuries as mentioned above and further amounts for disfiguration and loss of amenities. There is still scope in the enhancement of notional income.

3. Considering the appellant's avocation as a welder, the Tribunal adopted Rs.10,000/-. Going by Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC 236, the notional income of a coolie is fixed at Rs.9,500/- in the year 2014 when the accident occurred. Considering the fact that the appellant has produced a certificate marked as Ext.A9, which speaks of his qualification as a welder, it is only proper that the notional income be fixed at Rs.12,000/-.

4. The eligible enhancement is only under loss of income at the rate of Rs.2000/- for six months and compensation for loss of amenities and disability, which together would come to a total of Rs.42,000/-, which is the enhancement in the appeal.

5. 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. Since there was a delay of 147 days in filing the appeal, interest for the enhanced quantum would not run for the said period. 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.

Sd/-

K.VINOD CHANDRAN JUDGE amk