IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

FRIDAY, THE 1^ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946 MACA NO. 1687 OF 2021 AGAINST THE AWARD DATED 25.02.2021 IN O.P.(M.V.) NO.280 OF

2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PUNALUR APPELLANTS/PETITIONERS:

1 SYAMALA C.

AGED 53 YEARS W/O.MUKUNDAN, BHAVANI NIVAS, VADAKKE VAYAL, PULIPPARA P.O., KADAKKAL, KOLLAM DISTRICT.

2 NANDA AGED 18 YEARS D/O.SYAMALA, BHAVANI NIVAS, VADAKKE VAYAL, PULIPPARA P.O., KADAKKAL, KOLLAM DISTRICT.

BY ADV ANCHAL C.VIJAYAN RESPONDENT/RESPONDENT NO.3:

M/S.ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED VISHRANTHI, MELARAM TOWERS, NO.2/319, RAJEEV GANDHI SALARI (O.M.R.), KAVAPAKKAM, CHENNAI, PIN - 600 097, REPRESENTED BY ITS MANAGER.

BY ADV.

SRI. P. JACOB MATHEW, SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The mother and sister of one Nandu, a final year B.Tech.Computer Science student who died in a motor accident, are the appellants. Deceased Nandu was travelling in a Maruti Swift Dzire car bearing Registration No.KL-01 BE/8324 through Madurai-Tenkasi National Highway and when the vehicle reached at Chinthamani near Vasudevanalloor, the offending vehicle was driven in a rash and negligent manner and hit against a tamarind tree standing in the northern side of the said road due to which Nandu sustained injuries and succumbed to the injuries at Government Hospital, Sivagiri. The claimants contended that deceased Nandu was doing his final year B.Tech. Computer Science under the Kerala University. He was drawing a monthly income of Rs.15,000/-. To prove the educational background, the claimants produced Exts.A9 to A15. The insurance company entered appearance and contested the case however produced no evidence. The tribunal proceeded to assess the notional income of the deceased at Rs.10,000/- and granted the following compensation:

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2. Heard Sri.Anchal C.Vijayan, learned counsel appearing for the appellant and Sri.P.Jacob Mathew, learned Standing Counsel appearing for the insurance company.

3. Learned counsel for the appellant contended that under no stretch of imagination, the notional income fixed by the tribunal could be assumed to be correct. According to the learned counsel, a B.Tech. Engineering student in Computer Science pursuing his education in the final year, cannot be equated that with a coolie worker. Considering the educational qualification, the tribunal ought to have granted sufficient compensation. He relied on the judgments of Honourable Supreme Court in Kumud Gupta Vs. Iffco Tokio General Insurance Company Limited (2024 KHC Online 8230) and S.Vasanthi and another Vs. Adhiparasakthi Engineering College and another (Civil Appeal No.7180 of 2022 dated 11.10.2022) The learned counsel further submitted that in both these judgments, the Honourable Apex Court has fixed the notional income of an engineering student between Rs.20,000 to Rs.30,000 and prayed that the same principles be adopted in the present case.

4. On the other hand, the learned Standing Counsel appearing for the insurance Company, Sri.P.Jacob Mathew relied on the judgment of the Honourable Supreme Court in Meena Pawaia and Others v. Ashraf Ali