JUDGMENT

The legal heirs of one Ajithakumari aged 44 years, who died in an accident on 11.05.2016, have instituted this appeal seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Pala in the award dated 27.08.2019 in O.P.(MV)

No.508 of 2016.

2. Heard Sri.Manuel Kachiramattam, the learned Counsel for the appellants, as well as Smt.Latha Susan Cherian, the learned Standing Counsel for the respondent-insurance company.

3. The first issue arising for consideration in this appeal is with respect to the fixation of the notional income of the deceased by the Tribunal. A perusal of paragraph 11 of the impugned award shows that the deceased was considered to be an office staff of India Institution of Emergency Medical Service, Kalathypady and it is only because the income was not proven that the Tribunal fixed the notional income at Rs.9,000/-. However, it has been pointed out in this appeal that at no point of time, any such contention was raised by the claimants before the Tribunal about the vocation of the deceased. It is specifically pointed out that the contention raised before the Tribunal in the claim petition was to the effect that the deceased was a “co