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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
JAYAPRAKASH – Appellant
Versus
NAEEM – Respondent
| Table of Content |
|---|
| 1. challenge against tribunal's award regarding compensation. (Para 1) |
| 2. evaluation of legal representation for the case. (Para 2) |
| 3. adjustment of notional income and compensation based on precedent. (Para 3 , 4) |
| 4. final modification of the award and additional compensation granted. (Para 5) |
J U D G M E N T
The legal heirs of one Chami, aged 71 years, who died in an accident on 11.05.2018, seek to challenge the award dated 26.11.2019 in O.P.(M.V.) No.592 of 2018 of the Motor Accidents Claims Tribunal, Ottapalam, (hereinafter referred to as ‘the Tribunal’).
2. Heard Sri.V.A.Vinod, the learned counsel for the appellants, as well as Sri.P.K.Manoj Kumar, the learned counsel for the 3rd 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 at Rs.8,000/ per month by the Tribunal for the purpose of awarding compensation. The deceased was pointed out to be a ‘manual labourer’, earning a monthly income of Rs.15,000/ . However, it is not in dispute that, as borne out of paragraph No.9 of the award of the Tribunal, no evidence whatsoever was adduced to prove the job/incom
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