BY AD vs S.JIJI
Case Details
Heard, Smt.M.M.Baby - learned counsel appearing for the appellant and Sri.Lawrence D. Cunha – learned counsel appearing for the Insurance Company.
5. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellant is entitled to succeed. A perusal of Ext.A8 - Salary Certificate shows that the monthly income of the appellant is Rs.13,000/-. The Tribunal was not justified in deducting any amount towards allowances, which basically form part of the personal expenses of the appellant. Thus, for the purpose of calculating the MACA No.2243/2021 5 compensation, this Court finds that the appellant is entitled to have his income fixed at Rs.13,000/- per month. Though the learned counsel for the appellant submitted that the income may be fixed in terms of minimum wages, since the appellant has already proved his monthly income by Ext.A8 – Salary Certitificate, this Court is not in a position to accede to the request of the appellant.
6. As regards the finding of the Tribunal that for the purpose of compensation towards permanent disability, the appellant is entitled only for a notional income of Rs.7,000/-, this Court is of the view that the same requires interference. In Robin Babu v. Kunjappan and Others [2015 (4) KHC 91], a Division Bench of this Court held that even if there is no loss of income for a Government Servant, still he is entitled to be compensated for the injuries suffered by him in the accident.
7. As regards the multiplier, the Tribunal took the multiplier as ‘9’ for the claimant aged 45 years. The correct multiplier should be ‘14’.
8. Under the non – conventional heads also , this Court MACA No.2243/2021 6 finds that the appellant is entitled for a reasonable enhancement. As an upshot of these discussions, the appellant is entitled to succeed. The appeal is thus allowed and the appellant is entitled for enhanced compensation as follows: Heads compensation for Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of claimant is fixed at Rs.13,000/-. Loss of earnings 24,200/- Pain and sufferings 50,000/- Bystander expenses and loss of income of the bystanders 7,250/- 39,000/- [13000x3] 65,000/- 21,750/- [750x29] Loss of amenities 50,000/- 65,000/- Continuing disability 68,040/- 1,96,560/- [13000x12x14x 9/100] 14,800/- [39000-24200] 15,000/- [65000-50000] 14,500/- [21750-7250] 15,000/- [65000-50000] 1,28,520/- [196560-68040] Total enhanced amount of compensation 1,87,820/- Accordingly, the appellant/claimant is awarded an additional compensation of Rs.1,87,820/- (Rupees one lakh eighty seven thousand eight hundred twenty only) over and above the compensation awarded by the Tribunal with interest @7% per annum from the date of petition till realization together with proportionate costs. The Insurance Company is directed to deposit the aforesaid amount within a period of two months from the date MACA No.2243/2021 7 of receipt of a copy of this judgment. While, calculating interest, it is ordered that the appellants will not be entitled for interest for a period of 430 days, which represents the period of delay in filing the appeal. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR
Heard, Smt.M.M.Baby - learned counsel appearing for the appellant and Sri.Lawrence D. Cunha – learned counsel appearing for the Insurance Company.
5. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellant is entitled to succeed. A perusal of Ext.A8 - Salary Certificate shows that the monthly income of the appellant is Rs.13,000/-. The Tribunal was not justified in deducting any amount towards allowances, which basically form part of the personal expenses of the appellant. Thus, for the purpose of calculating the MACA No.2243/2021 5 compensation, this Court finds that the appellant is entitled to have his income fixed at Rs.13,000/- per month. Though the learned counsel for the appellant submitted that the income may be fixed in terms of minimum wages, since the appellant has already proved his monthly income by Ext.A8 – Salary Certitificate, this Court is not in a position to accede to the request of the appellant.
6. As regards the finding of the Tribunal that for the purpose of compensation towards permanent disability, the appellant is entitled only for a notional income of Rs.7,000/-, this Court is of the view that the same requires interference. In Robin Babu v. Kunjappan and Others [2015 (4) KHC 91], a Division Bench of this Court held that even if there is no loss of income for a Government Servant, still he is entitled to be compensated for the injuries suffered by him in the accident.
7. As regards the multiplier, the Tribunal took the multiplier as ‘9’ for the claimant aged 45 years. The correct multiplier should be ‘14’.
8. Under the non – conventional heads also , this Court MACA No.2243/2021 6 finds that the appellant is entitled for a reasonable enhancement. As an upshot of these discussions, the appellant is entitled to succeed. The appeal is thus allowed and the appellant is entitled for enhanced compensation as follows: Heads compensation for Amount awarded by the Tribunal Total compensation awarded in appeal Enhanced amount of compensation Notional income of claimant is fixed at Rs.13,000/-. Loss of earnings 24,200/- Pain and sufferings 50,000/- Bystander expenses and loss of income of the bystanders 7,250/- 39,000/- [13000x3] 65,000/- 21,750/- [750x29] Loss of amenities 50,000/- 65,000/- Continuing disability 68,040/- 1,96,560/- [13000x12x14x 9/100] 14,800/- [39000-24200] 15,000/- [65000-50000] 14,500/- [21750-7250] 15,000/- [65000-50000] 1,28,520/- [196560-68040] Total enhanced amount of compensation 1,87,820/- Accordingly, the appellant/claimant is awarded an additional compensation of Rs.1,87,820/- (Rupees one lakh eighty seven thousand eight hundred twenty only) over and above the compensation awarded by the Tribunal with interest @7% per annum from the date of petition till realization together with proportionate costs. The Insurance Company is directed to deposit the aforesaid amount within a period of two months from the date MACA No.2243/2021 7 of receipt of a copy of this judgment. While, calculating interest, it is ordered that the appellants will not be entitled for interest for a period of 430 days, which represents the period of delay in filing the appeal. The appeal is ordered accordingly. Sd/- EASWARAN S. JUDGE ACR