The judgment establishes that in determining compensation, the absence of evidence on income necessitates a re-fixation and proper deductions based on the marital status of the deceased.

JUDGMENT

The appeal is at the instance of the legal heir of one Susan aged 47 years, who died in an accident on 01.07.2018, challenging the award dated 24.03.2021 of the Motor Accident Claims Tribunal, Thodupuzha.

2. Heard Sri.Mathews K.Philip, the learned Counsel for the appellant as well as Smt.Anitha Mathai Muthirenthy, the learned Standing Counsel for the respondent-

insurance company.

3. The first issue arising for consideration is as against the fixation of the notional income of the deceased by the Tribunal. The deceased, as pointed out by the appellant, was a coolie, earning a monthly income of Rs.20,000/-, at the time of her death. However, it is not in dispute that no evidence whatsoever was adduced before the Tribunal in support of the said contention. That being so, only a notional fixation requires to be fixed as regards the income.

4. Though the learned counsel for the appellant would seek to rely on the judgment of this Court in MACA No.1135 of 2020, which had placed reliance on the notification issued by the State Government under the provisions of the Minimum Wages Act, 1948, as per which Rs.16,400/- was fixed as the notional income, I notice that in paragraph 8.1 of the said judgment, it has been categorically recorded that there is no dispute as regards the vocation of the claimant in that particular case. However, in the case at hand, as noticed earlier, apart from the averments, no evidence has been adduced from the side of the claimant as regards the notional income. Even on the face of the afore, I notice that the deceased was pointed out to be a coolie right from the beginning and going by the principles laid down in the judgment referred to above, nominal re-fixation as regards the notional income requires to be carried out. Therefore, considering the totality of the facts and circumstances as reflected in the award of the Tribunal, I re-fix the notional income at Rs.15,000/- per month.

5. The second issue, arising for consideration in this appeal, is as regards the sustainability or otherwise of the deduction of the 50% of the estimated income by the Tribunal in paragraph 17 of the impugned award. The question of deducting 50% of the income arises only if the deceased was a bachelor. In the case at hand, there is no dispute that the deceased was married and even the present claim is lodged by the husband. That being so, only 1/3 requires to be deducted and to that extent, the impugned award of the Tribunal would stand modified as follows:

In the result, this appeal is partly allowed, modifying the impugned award, entitling the appellant to get an additional amount of Rs.8,77,500/- (Rupees Eight Lakhs Seventy Seven Thousand and Five Hundred only), along with the amounts already awarded by the Tribunal, to be paid by the Insurance Company. Needless to say, all other findings and directions of the Tribunal in the impugned award, including the rate of interest, will remain unaltered.