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2022 Supreme(Online)(KER) 34784

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
MINI ROY – Appellant
Versus
ABOOBAKAR – Respondent


Advocates:
SRI.MATHEW JOHN (K), SRI.DOMSON J.VATTAKUZHY, SRI.LAL K.JOSEPH, SRI.V.S.SHIRAZ BAVA, SRI.A.A.ZIYAD RAHMAN

JUDGMENT

The appellants are the dependent legal heirs of one Mr.Roy, who met with a road accident on 18.08.2012, and sustained serious injuries, to which he succumbed. The accident occurred in a water service station, when the car driven by the first respondent, in a rash and negligent manner, rammed on the deceased, while attempting to take the same to the ramp in the service station. The appeal is essentially directed for enhancement of compensation granted undrer various heads.

2. Heard Sri. Mathew John, learnd counsel for the appellant and Sri. Lal K.Joseph, learned Standing Counsel for the National Insurance Company. Perused the records.

3. The learned counsel for the appellant first pointed out that the monthly income reckoned by the Tribunal is Rs.7,000/-. Going by the index available in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [2011 KHC 4675], the notional income pertaining to the year 2012 is Rs.8,500/-, which at least is liable to be reckoned, is the submission. This Court finds considerable force in the submission made by the learned counsel for the appellant and accordingly, directs to reckon Rs.8,500/- as the monthly income of the deceased

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