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

TUESDAY, THE

21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946 MACA NO. 166 OF 2021 AGAINST THE AWARD DATED 30.07.2020 IN OPMV NO.691 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM APPELLANT/PETITIONER:

KUNJAN AGED 63 YEARS S/O CHANGAN, COOLI WORKER, KALATHIL PADI HOUSE, NAGALASSERY, THEKKE VAVANNUR, PALAKKAD DISTRICT, PIN-679533.

BY ADVS.

A.R.NIMOD SRI.M.A.AUGUSTINE RESPONDENTS/RESPONDENTS:

1 SREEJITH.V AGED 29 YEARS S/O SREEDHARAN, VARUKALIL HOUSE, VELLADIKKUNNU P O, THIRUMITTAKODE, PATTAMBI, PALAKKAD DISTRICT,-679303. (RC OWNER CUM DRIVER OF KL-52/4217 AUTORICKSHAW, D/L NO. 52/2030/2012, VALID FROM 26.07.2018 TO

25/07/2021, BADGE NO.52/524/2012)

2 THE RELIANCE GENERAL INSURANCE CO LTD

2ND FLOOR, MANGALAM TOWERS, OPP. TOWN BUS STAND, T B ROAD, PALAKKAD -678014. (POLICY NO.

220921823540000108 VALID FROM 21.02.2018 TO

20.02.2019) (COVER NOTE NO.R20021862832), REPRESENTED BY BRANCH MANAGER.

BY ADVS.

GEORGE CHERIAN (SR.)

LATHA SUSAN CHERIAN GEORGE A.CHERIAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Ottappalam in OP(MV) No.691/2018 dated 30.7.2020.

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

The appellant/claimant met with a road accident on 26.9.2018 at about 7.00 p.m., when the offending vehicle, an autorickshaw bearing registration No.KL-52-4217 driven in a rash and negligent manner through Koottupatha – Koottanad public road hit against the appellant. As a result of the accident, the appellant/claimant sustained grievous injuries.

3. On behalf of the claimant, Exts.A1 to A8 were marked and PW1 was examined.

4. The appellant/claimant contended that he was a coolie worker.

The disability sustained at 8% by the claimant in the accident was sought to be proved by Ext.A1 and in support of the same, examined PW1 also. However, the tribunal refused to accept Ext.A1 and proceeded to scale down the disability to 3%. In respect of the income of the claimant, the tribunal proceeded to fix the same notionally at Rs.6,000/- per month and granted the following compensation:

5. Aggrieved by the insufficiency in the compensation awarded by the tribunal, the claimant has approached this Court with the present appeal.

6. Heard Sri.A.R.Nimod, the learned counsel appearing for the appellant, and Sri.George A.Cherian, the learned counsel appearing for the insurance company.

7. The question of fixation of notional income while considering a claim under Section 166 of the Motor Vehicles Act is no longer res integra, in view of the decision of the Hon'ble Supreme Court in Angad Tiwari and Another vs National Insurance Company Ltd. and Another (Civil Appeal No.10950 of 2024) decided on 01.10.2024. There