VIJAYAN Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) The petitioner is aggrieved with the quantum of compensation granted; in the appeal. The petitioner's contention is that the notional income is adopted at only Rs.3500.00 and that the disability has been reduced to 30% from 39.966% assessed by the Medical Board. It is also submitted that there is very little compensation granted on loss of amenities, pain and suffering, transport to hospital and extra nourishment.

(2.) The learned Standing Counsel for the Insurance Company submitted that there is a violation of policy. However, there is no appeal filed by the Insurance Company. Despite the instant appeal having been filed in 2016, no cross appeal is also filed.

(3.) Considering the quantum enhancement, this Court is of the opinion that notional income can be fixed at Rs.7000.00 in the year 2009 as held in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. : (2011) 13 SCC 236. The disability having been assessed by a Medical Board, this Court is also of the opinion that 39% should be taken for deciding on the compensation for disability. However, with respect to the other heads, this Court is of the opinion that there cannot be any enhancement granted since there is sufficient enhancement in so far as notional income and disability compensation.Enhancement is made as per the tabulation below: <FRM>JUDGEMENT_152_LAWS(KER)2_2022_1.html</FRM>