IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH THURSDAY, THE 13 DAY OF JUNE 2024 / 23RD JYAISHTA, 1946 MACA NO. 2206 OF 2018 AGAINST THE ORDER/JUDGMENT DATED 30.08.2017 IN OPMV NO.1178 OF

2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR APPELLANTS/PETITIONERS:

1 BABY THEKKUMPURAM HOUSE, CHOONDY, ALUVA.

2 SILVI BABY W/O.BABY, THEKKUMPURAM HOUSE,CHOONDY, ALUVA.

3 METTILDA D/O.BABY, THEKKUMPURAM HOUSE,CHOONDY, ALUVA.

BY ADV SRI.A.N.SANTHOSH RESPONDENT/3RD RESPONDENT:

SBI GENERAL INSURANCE COMPANY LTD.

DD TRADE TOWER, ROOM NO.3C, PANAMBILLY NAGER, KOCHI-682036.

BY ADVS.

K.J.SAJI ISAAC ELIZABETH VARKEY JITHIN SAJI ISAAC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13.06.2024, ALONG WITH MACA.28/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH THURSDAY, THE 13 DAY OF JUNE 2024 / 23RD JYAISHTA, 1946 MACA NO. 28 OF 2018 AGAINST THE ORDER/JUDGMENT DATED 30.08.2017 IN OPMV NO.1178 OF

2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR APPELLANT/3RD RESPONDENT:

SBI GENERAL INSURANCE CO. LTD.

DD TRADE TOWER, ROOM NO.3C, KALOOR,PANAMPILLY NAGAR, COCHIN.682036.

BY ADVS.

SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY SRI.JITHIN SAJI ISAAC RESPONDENTS/PETITIONERS & 1ST AND 2ND RESPONDENTS:

1 BABY AGED 51 YEARS, F/O DECEASED MILTON BABY,THEKKUMPURAM HOUSE, CHOONDY, ALUVA.

2 SILVY BABY AGED 44 YEARS, M/O DECEASED MILTON BABY,THEKKUMPURAM HOUSE, CHOONDY, ALUVA.

3 METTILDA AGED 23 YEARS,D/O DECEASED MILTON BABY,THEKKUMPURAM HOUSE, CHOONDY, ALUVA.

4 IBRAHIM PROPRIETOR, M/S KAROTHUKUZHI PLASTICS,ALLAPRA PO-683553, PERUMBAVOOR.

5 SHIBU S/O PAPPACHAN, CHERUVATHUR HOUSE, NEAR KURISUPALLI,CHOONDAL PO-680502, PAYYOOR, THRISSUR.

BY ADV SRI.A.N.SANTHOSH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13.06.2024, ALONG WITH MACA.2206/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT These appeals are directed against the award in OP(MV) No.1178 of 2014 on the file of Motor Accidents Claims Tribunal, Perumbavoor.

2. MACA 28 of 2018 is filed by the insurer of the offending vehicle, contending that the award is excessive in nature and MACA No.2206 of 2018 is filed by the claimants for getting enhancement of the compensation, as it is inadequate.

3. One Mr.Milton Baby met with a road traffic accident on 10/6/2014 while he was driving a car through Aluva-Perumbavoor road. KL-40/C-1405 Mini Goods Lorry driven by the 2 nd respondent in a rash and negligent manner dashed against his car and he sustained fatal injuries, to which he succumbed on the next day i.e. 11/6/2016, while undergoing treatment at KIMS Hospital, Edappally. He was a 21 year old salesman working in a bakery in Dubai, earning monthly income of 1000 AED. His legal heirs approached the Tribunal claiming compensation of Rs.29 lakh. Learned Tribunal awarded Rs.17,76,000/- fixing his notional income @

Rs.10,000/- per month.

4. According to the insurer, the notional income fixed by the tribunal @ Rs.10,000/- is on the higher side, as there was no proper evidence to show that he was employed in Dubai and was getting monthly income of 1000 AED. Moreover, learned tribunal went wrong in granting 50% addition towards future prospects instead of 40% which was eligible.

5. Learned counsel for the claimants/appellants in MACA No.2206 of 2018 would submit that the deceased was a 21 year old man, and Ext.A6 salary certificate issued by his employer will show that he was drawing salary of 1000 AED, and moreover, Ext.A8 appointment letter will show that he had a better job offer with more salary, in a company in Dubai.

6. On hearing the rival contentions from either side, this Court is called upon to answer whether there is any illegality, irregularity or impropriety in the impugned award warranting interference by this Court.

7. Sri.Milton Baby who died in the accident was a 21 year old man. Though Ext.A6 certificate was produced by the claimants