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2026 Supreme(Online)(Ker) 1339

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
SANTHOSH K.S. – Appellant
Versus
SUNNAR T.A. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SAJI MATHEW, SRI.DENU JOSEPH, SRI.SABU JOSEPH, SHRI.BIBIN BABU
For the Respondents: SMT.SAJITHA.S.DHARAN

Table of Content
1. appeal filed by legal heirs regarding compensation assessment. (Para 1 , 2)
2. challenge to tribunal's fixation of notional income based on a minor's earnings. (Para 3 , 4 , 5)
3. assessment of notional income should reflect applicable government minimum wages. (Para 6 , 7)
4. final judgment modifies the compensation due to the claimants. (Para 8)

JUDGMENT

The legal heirs of one Akshay Santhosh, who succumbed to injuries sustained in an accident on 30.05.2018, have filed this appeal seeking to challenge the award of the Motor Accidents Claims Tribunal, Muvattupuzha, dated 14.02.2020, in O.P.(MV)

No.1067 of 2018.

2. I have heard Sri.Saji Mathew, the learned counsel for the appellant, as well as Smt.Sajitha S.Dharan, the learned counsel for the Insurance Company.

3. Before the Tribunal, the claimants have contended that the deceased was a student as well as a part time Aluminium Fabricator and earned a monthly income of Rs.15,000/-. The Tribunal, in paragraph 18 of the award, however, fixed the notional income at Rs.3,000/- since the deceased was a student and arrived at the compensation payable to the claimants. The fixation of the notional income as above is the subject

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