IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 2^ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 MACA NO. 526 OF 2017 AGAINST THE AWARD DATED 10.07.2015 IN OPMV 179/2011 OF ADDITIONALIST ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL ALAPPUZHA.

APPELLANT/PETITIONER:

SOJI THOMAS AGED 39 YEARS, S/O.THOMAS, KOYIKKADU HOUSE, CHENNANKARAY P.O., NEDUMUDY PANCHAYATH, WARD-4, ALAPPUZHA DISTRICT-688501.

BY ADVS.

SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS/RESPONDENTS:

1 KERALA STATE ROAD TRANSPORT CORPORATION.

REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695

001.

2 PRADEEPKUMAR C.T.

S/O.THANKAPPAN, KSRTC DRIVER, CHITHRATHIL HOUSE, SREEMOLANAGARAM P.O., KANJOOR (P) WARD-VIII, ERNAKULAM DISTRICT.

3 THE NEW INDIA ASSURANCE CO. LTD.

(ADDL. R3), REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, MULLACKAL P.O., NEAR YMCA BRIDGE, ALAPPUZHA-683 580.

BY ADVS.

SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.

SRI.P.JACOB MATHEW ALEX ANTONY SEBASTIAN P.A.

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. 526 of 2017 --------------------------------------------------

Dated this the 02^nd day of March, 2022

JUDGMENT

A 37 year old suffered an injury in a motor vehicle accident in the year 2010. He sustained injuries which according to him disabled him by 16%. Considering the injuries it is argued that loss of earnings and disability compensation has to be increased. It is also pointed out that the notional income taken was very low.

2. The Tribunal adopted Rs.5,000/- as notional income against the claim of Rs.8,000/-. 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.7,500/- in the year 2010. The injuries suffered by the appellant are as follows:

“lacerated wound over the back of head, pain and deformity on the right hand, deformity of left ankle. X-Ray showed fracture neck of fourth and fifth right meta carpells and bimalleolar fracture of left ankle.”

Considering the same, this Court is of the opinion that the appellant would have suffered complete loss of earnings for six months. Considering the fact that there is shortening of fingers loss of amenities can be granted at Rs.10,000/-. Enhancement is made as per the tabulation below:

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. Since there was a delay of 295 days in filing the appeal, interest on 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 o