IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
CRESENT DEEPAK KURUVILA – Appellant
Versus
ARUN K. MOHANAN – Respondent
JUDGMENT
The claimant in O.P.(MV) No.1851 of 2015 before the Motor Accidents Claims Tribunal, Kottayam, is the appellant in this appeal, seeking to challenge the award dated 20.01.2020.
2. I have heard Sri.K.A.Hashim, the learned counsel for the appellant, and Smt.K.S.Shanti, the learned counsel for the respondent Insurance Company.
3. The claimant had pointed out that he was earning an amount of Rs.18,000/- per month by virtue of his employment in a Resort and Spa, as a Manager. However, admittedly, apart from his degree certificate, no other evidence in support of the income or vocation has been produced by the claimant. It is on that basis that the notional income came to be fixed at Rs.8,000/- per month by the Tribunal. However, with reference to the principles laid down by the Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236], for an accident that happened in the year 2015, the notional income requires to be re-fixed at Rs.10,000/-. Apart from this, this Court notices that the petitioner is a graduate, as evidenced by Ext.A7 degree certificate. Therefore, some escalation requires to be effected, with reference to the
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