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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
EALIYAMMA @ EALIYAMMA ITTYKUNJU – Appellant
Versus
STEFFIN JOBY – Respondent
| Table of Content |
|---|
| 1. overview of the claim by legal heirs after a fatal accident. (Para 1) |
| 2. arguments regarding evidence for determining notional income and ongoing business operations. (Para 2 , 5 , 6) |
| 3. court's observation on the tribunal's acceptance of the deceased's occupation. (Para 3 , 4) |
| 4. final decision to modify compensation based on the analysis. (Para 8) |
J U D G M E N T
The legal heirs of one Cherian, aged 62, who succumbed to the injuries sustained in an accident on 22.12.2017, instituted O.P.(M.V.) No.144 of 2018, before the Motor Accidents Claims Tribunal, Irinjalakuda, (hereinafter referred to as 'the Tribunal’), seeking compensation. By the impugned award dated 04.09.2020, the Tribunal fixed the notional -
income of the deceased at Rs.10,000/ per month and proceeded to calculate the compensation under various heads.
2. Heard Dr.Stanly Chazhoor, 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 dispute in this appeal is essentially regarding the fixation of the notional income of the deceased at -
Rs.10,000/ per month by the Tribunal. A reading of the award would show that the dec
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