The court revised the notional income in a compensation claim based on statutory wage provisions, affirming entitlement despite lack of evidence.

JUDGMENT

The legal heirs of deceased Balan, aged 74 years, a coolie worker, who died in an accident on 28.01.2019 are the appellants herein, seeking to challenge the award of the Motor Accidents Claims Tribunal, Taliparamba (hereinafter referred to as ‘the Tribunal’) in O.P.(M.V) No.171 of 2019.

2. Heard Sri.V.T.Madhavan Unni, learned counsel for the appellants, as well as Sri.Gireesh Varma, learned counsel for the respondent insurance company.

3. The appeal essentially seeks to challenge the fixation of notional income at Rs.9,000/- per month by the Tribunal. The claimants have pointed out that the deceased was a coolie worker earning an amount of Rs.15,000/- per month. The Tribunal has held that no evidence was produced, and it is in such circumstances that the notional income was fixed at Rs.9,000/- per month. The learned counsel for the appellants would place considerable reliance on S.R.O

554/2019 dated 29.07.2019 issued by the Government of Kerala under the provisions of the Minimum Wages Act , 1948, as per which an unskilled worker was entitled for a minimum wage of Rs.730/- per month, that too for a period of 26 days in a month. Therefore, according to him, insofar as the deceased was admittedly a coolie, the notional income requires to be re-fixed on that basis. The learned Standing Counsel for the respondent Insurance Company, however, would point out that no evidence was produced in support of the contentions as regards the occupation and therefore, the appellants were not entitled to any relief. In my opinion, going by the notification issued by the Government, as above, even as regards a coolie, the notional income requires to be fixed on that basis. In this connection, I also take note of the judgment of a learned Single Judge of this Court in Latheef @ Abdul Latheef v. Noufal P.P. [2024 KHC OnLine 1687]. Therefore, even if the appellants have not produced any evidence, in such circumstances, also, insofar as a coolie is entitled for the amounts pursuant to the afore Government Notification, the appellants were also entitled for re-fixation the notional income as Rs.18,980/- per month. Therefore, I am of the opinion that, the award of the Tribunal requires to be modified to that extent and hence, the order is modified as above.

4. In such circumstances, the appellants would be entitled for the following amounts:-

5. This Court also notices that there was a delay of 92 days in filing this appeal, which was condoned by the order dated 26.07.2021. In such circumstances, the appellants would not be entitled for interest for the period covered by the afore delay with reference to the enhanced