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2025 Supreme(Online)(Ker) 58501

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ARIFA A.K., JAMEELA P.P – Appellant
Versus
NATIONAL INSURANCE CO.LTD., MOOSAKKOYA P. – Respondent


Advocates:
For the Appellants/Petitioners: SMT.A.D.DIVYA
For the Respondents: SHRI.KIRAN PETER KURIAKOSE

JUDGMENT

The legal heirs of one Abdul Shameer, aged 35 years, who died in an accident on 03.06.2018, seek to challenge the award of the Motor Accidents Claims Tribunal, Kozhikode, dated

14.07.2020, in O.P.(MV) No.176 of 2019.

2. Heard Sri.A.V.M.Salahuddeen, the learned counsel for the appellants, as well as Sri.Kiran Peter Kuriakose, the learned counsel for the Insurance Company.

3. The first issue arising for consideration in this appeal is as regards the fixation of the notional income of the deceased at Rs.9,000/- per month by the Tribunal. Though the deceased was stated to be a businessman earning Rs.25,000/- per month, no evidence whatsoever has been adduced to support the vocation or the income. Even on the face of the afore, the notional income requires to be re-fixed with reference to the principles laid down by the Apex Court in Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236]. When that be so, as regards the accident of the year 2018, the notional income requires to be fixed at Rs.11,500/-. To that extent, the award of the Tribunal requires to be modified, and I do so.

4. This Court also notices that the award of the Tribun

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