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. 1519 OF 2016 AGAINST THE AWARD DATED 19.11.2015 IN OPMV 79/2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT/PETITIONER:

BINDU GIREESH AGED 41 YEARS, W/.GIREESH, MOOLEKKATTIL HOUSE, PALAKKAL DESOM, PALISERY VILLAGE, THRISSUR.

BY ADVS.

A.R.NIMOD M.A.AUGUSTINE RESPONDENTS/RESPONDENTS: 1 VARGHESE KOCHAPPAN S/O.KOCHAPPAN, PAUTHENPEEDIKA HOUSE, KADUPPASSERY , THRISSUR 680001.

2 THE NEW INDIA ASSURANCE COMPANY LTD PERINCHERY BUILDING, ROUND NORTH, THRISSUR 680001.

BY ADV SMT.P.K.SANTHAMMA 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. 1519 of 2016 --------------------------------------------------

Dated this the 02^nd day of March, 2022

JUDGMENT

A 37 year injured in a motor vehicle accident in the year

2002 claims enhancement of compensation. Notional income was taken as Rs.4000/- and loss of earning assessed for two months. There was no permanent disability granted, despite a certificate having been produced by a Doctor showing the disability at 8% who was also examined before the Tribunal.

2. The appellant had claimed Rs.5000/- as notional income which even going by Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC 236 in the year 2009 can be allowed . The appellant suffered the following injuries:

“1. Minor head injury, abraded contusion face.

2. Sprain neck, multiple body contusion.

3. Orace head of 1^st meta carpel (R )

post traumatic positional vertigo”.

The disability certificate also indicates that he has always wearing cervical collar. In the above circumstances, the disability was assessed at 5%. Learned counsel for the appellant submits that the Tribunal had refused to grant disability for the reason that the claimant was not been present before the Tribunal. It is trite that the Tribunal is entitled to look at the appellant and decide on the disability, which would arise from the accident, which disability has to be on the earnings. In any event, this Court is of the opinion that the disability can be assessed at 5% as assessed by the Doctor, who deposed before the Tribunal and the notional income can be increased to Rs.5,000/- with loss of earning for four months. Loss of amenities was granted at Rs.20,000/-. Considering the use of a cervical collar throughout, it is only proper that the loss of amenities increased to Rs.25,000/-. 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 157 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