J U D G M E N T

The legal heirs of one Rakhee Gireesh, who died in a motor accident on 11.04.2018, have filed this appeal seeking to challenge the award passed by the Motor Accidents Claims Tribunal, Perumbavoor (hereinafter referred to as 'the Tribunal'), in O.P.(M.V.) No.966 of 2018 dated 06.03.2021.

2. Heard Sri.A.N.Santhosh, the learned counsel for the appellants, as well as Sri.John Joseph Vettikad, the learned counsel for the respondent insurance company.

3. The deceased was stated to be employed in a -

supermarket, earning a monthly income of Rs.15,000/ . However, the Tribunal, with reference to the principles laid down by the Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011)

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13 SCC 236], fixed the notional income at Rs.11,500/ by the impugned award. The sustainability or otherwise of this finding is the main issue which arises for consideration in this appeal.

4. True, no evidence as regards the monthly income of the deceased was produced by the claimants. However, even then, the notional income requires to be fixed/estimated with reference to the admitted pleadings in the claim petition. The deceased was pointed out to be an A