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2025 Supreme(Ker) 1161

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
National Insurance Co.Ltd. – Appellant
Versus
Sadanandan, S/O.Krishnan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV P.G.JAYASHANKAR
For the Respondent: ANIL S.RAJ, SRI.P.C.CHACKO(PARATHANAM), K.N.RAJANI, RADHIKA RAJASEKHARAN P., ANILA PETER, ALEX ANTONY SEBASTIAN P.A.

JUDGMENT :

This appeal is preferred by the Insurance Company aggrieved by the award passed by the Addl.Motor Accidents Claims Tribunal, Ernakulam in OP(MV) No.1344/2018.

2. The brief facts necessary for the disposal of the appeal are as follows:

The claimants are the legal heirs of one Remani, who died in a road traffic accident on 21.4.2018 at 5 pm. While she was crossing Alappuzha-Ernakulam NH Zebra line, a KSRTC bus bearing registration No.KL-15/7317 hit on the scooter. Due to the impact of the accident, the deceased fell down and sustained fatal injuries. Though she was taken to Lakeshore Hospital, Nettoor, she succumbed to the injuries on the same day.

3. The claimants contended that the deceased was a cook in a hotel and was earning a sum of Rs.18,000/- per month. In support of their contention, the claimants produced Exts.A1 to A3 documents.

The tribunal, on appreciation of evidence, found that the deceased Remani had to be treated as a skilled worker and, therefore, proceeded to fix her notional income at Rs.13,500/- per month. Since the deceased was survived by three dependants, 1/3rd of her income was deducted towards personal and living expenses. The tribunal, in addition to

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