In motor accident claims, the determination of notional income should consider all available evidence, including bank statements and recurring financial liabilities like loan repayments, to ensure the compensation awarded is just and reflects the true economic status of the deceased.

JUDGMENT :

 SHOBA ANNAMMA EAPEN, J.

This appeal is filed by the claimants in OP (MV) No.833/2017 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimants, on 17.03.2017 at about 01.15 p.m., while the deceased was riding a motorcycle bearing registration No.KL-40/E-4204 through the Perumbavoor– Aimury road, another motorcycle bearing registration No.KL- 7/H-3915 driven by the second respondent in a rash and negligent manner hit against the motorcycle in which the deceased was riding and as a result, the deceased sustained serious injuries and succumbed to the injuries on 16.04.2017, while undergoing treatment. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of Rs. 49,13,000/-, which is limited to Rs. 30,00,000/-.

3. Though notice was served on the first and second respondents, the owner and the rider of the offending vehicle respectively, they remained absent and were set ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the insurance policy, disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A11 were marked. The tribunal, after analysing the pleadings and materials on record, found that the accident was due to negligence on the part of the second respondent and the claimants were awarded a sum of Rs. 20,71,400/- as compensation under different heads with interest @ 8% per annum from the date of petition till realization against the third respondent insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimants, who are the legal heirs of the deceased, have come up in appeal.

4. Heard the learned counsel for the appellants and the learned standing counsel for the respondent insurer.

5. The learned counsel for the appellants claim enhancement mainly under the following heads:

I. Notional Income/Loss of dependency

The learned counsel for the appellants submitted that, though an amount of Rs. 25,000/- was claimed as the notional monthly income of the deceased, who was running a Transporting Agency, the tribunal had taken the monthly income only at Rs. 9,000/-. The learned counsel relied on the documents produced along with I.A. No.1 of 2025, namely, the account statement relating to the bank account of the deceased. The learned Standing Counsel appearing for the Insurance Company has not filed any objection to I.A. No.1 of 2025 filed on 24.08.2025. On a perusal of the documents produced along with the said application, it is seen that, till the date of death, the deceased had been maintaining a minimum balance of about Rs. 30,000/- in the account from the year 2016 onwards, though during certain months the balance had marginally fallen below Rs. 30,000/-. However, it is evident that there was sufficient balance in the account.

Moreover, the learned counsel for the appellants pointed out that, from the year 2014 onwards, the deceased had been regularly paying an amount of Rs. 16,150/- every month towards vehicle loan repayment. Unless the deceased had sufficient income, he could not have regularly remitted such an amount towards the loan liability. The same is reflected in the statement produced. There is also no case for the respondent insurer that the wife of the deceased was employed at the time of his death.

The tribunal, however, had fixed the notional monthly income of the deceased as Rs. 9,000/-. It is a fact that the documents produced along with I.A.No.1 of 2025 were not produced before the tribunal to prove the income of the deceased. Taking into c