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

WEDNESDAY, THE 19^TH DAY OF MARCH 2025/ 28TH PHALGUNA, 1946 MACA NO. 2301 OF 2021 AGAINST THE ORDER/JUDGMENT DATED 28.04.2021 IN OP(MV)

NO.1284 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA.

APPELLANT/PETITIONERS/CLAIMANTS:

1 USHA SABU AGED 48 YEARS W/O.DECEASED SABU A.V. @ G.V.SABU, ILLAVUNKAL HOUSE, PULIKUNNU BHAGOM, KARINILAM P.O., ERUMELI NORTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, KERALA - 686 513.

2 CHINCHU SABU D/O.DECEASED SABU A.V. @ G.V.SABU, AGED 27 YEARS, ILAVUNKAL HOUSE, PULIKUNNU BHAGOM, KARINILAM P.O., ERUMELI NORTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, KERALA -

686 513.

3 CHINNU SABU AGED 25 YEARS D/O.DECEASED SABU A.V. @ G.V.SABU, ILAVUNKAL HOUSE, PULIKUNNU BHAGOM, KARINILAM P.O., ERUMELI NORTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, KERALA - 686 513.

BY ADVS.

CYRIAC KURIAN SUJITH MATHEW JOSE RESPONDENT/3RD RESPONDENT IN OP(MV):

THE ORIENTAL INSURANCE COMPANY LTD.

REP. BY ITS DIVISIONAL MANAGER, TRIO CHAMBERS KANJIKKUZHI, KOTTAYAM, PIN - 686 004.

BY ADV P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 19^th day of March, 2025 The appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Pala, in O.P.(M.V.) No. 1284 of 2018.

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

3. The legal heirs of one Sabu A.V. approached the Motor Accidents Claims Tribunal, claiming the compensation on account of the death of Sabu A.V. On 04.09.2018, at 07:15 am, while he was walking through Perumbavoor MC road after parking his lorry and when he crossed to the Perumbavoor Reliance Pump, a Qualis car bearing registration No.KL-05-M-5953 driven in a rash and negligent manner came and hit the deceased. As a result of the accident, Sabu A.V. sustained severe injuries and was taken to San Joe Hospital, Perumbavoor, and later referred to the Medical Trust Hospital, Ernakulam. While undergoing treatment, he succumbed to his injuries on 13.09.2018. 4. The claimants contended that the deceased, Sabu, was a heavy lorry driver and was earning an income of Rs.25,000/- per month. In support of the contention, Exts.A1 to A16 documents were produced and marked. No evidence was adduced from the side of the Insurance Company. The Tribunal, however, on appreciation of evidence, found that the claimants could not adduce any evidence to show that the said Sabu was earning an income of Rs.25,000/- per month. Therefore, the Tribunal fixed the income notionally at Rs.12,000/- and granted the following compensation:

5. Heard Sri.Sujith Mathew Jose, learned Counsel appearing for the appellants, and Sri. P. Jacob Mathew, learned Counsel appearing for the Insurance Company. 6. On a consideration of the rival submissions raised across the Bar, this Court finds that the appellants are entitled to succeed. The notional income fixed by the Tribunal at Rs.12,000/- is liable to be interdicted by this Court, in the light of principle