IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 3^RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943 MACA NO. 2457 OF 2020 AGAINST THE AWARD DATED 26.03.2019 IN OP[MV] NO.820/2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA APPELLANT / APPLICAN T :

SUBAIR.S.M., AGED 60 YEARS S/O.MOIDEENKANNU, A.S. NIVAS, AKARATHUVILAKOM, AMARAVILA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 121, NOW RESIDING AT SUHARA NVI, AMARAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM 695 121.

BY ADVS.

R.T.PRADEEP SMT.M.BINDUDAS SRI.K.C.HARISH RESPONDENT / 3RD RESPONDEN T :

THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO.LTD., MOTOR 3RD PARTY CLAIMS HUB, PANAMUKHAM BUILDING, GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM 695 001.

BY ADV SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.VINOD CHANDRAN, J.

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M.A.C.A.No.2457 OF 2020 ----------------------------------

Dated, this the 3^rd March, 2022

JUDGMENT

A 53 year old suffered an injury in an accident in the year 2013. He was assessed with a disability of

7%. The appellant claims enhancement of compensation.

2. The appellant claimed a notional income of Rs.10,000/- per month without specifying the avocation. The Tribunal adopted Rs.6,000/-. Since there was no evidence produced, this Court is of the opinion that the notional income can be adopted at Rs.9,000/- as has been held in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236].

3. As for disability, the appellant produced a Certificate of an individual Doctor, assessing disability at 7%. The Tribunal adopted 2%. This Court is of the opinion that the disability can be assessed at

4%.

4. As far as the negligence is concerned, the Tribunal relied on the First Information Statement to find that the appellant was turning his bike, when he was hit by another motor bike coming from the opposite direction. This Court does not understand how negligence can be found, merely on the basis of the admission of the appellant that the accident occurred while he was turning his bike. The negligence could very well have been of the other bike, who did not heed the signal shown by the injured. There was no serious challenge to the statements made in chief-examination, nor was any negligence alleged on the appellant by the respondents. In such circumstances, this Court does not find any reason to sustain the negligence at 50% as held by the Tribunal. Enhancement is made as per the tabulation below:

6. 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 385 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 claimants 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 furnished within the time stipulated, it is made clear that no interest shall run on the enhanced amount after the period stipulated by this Court.