IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No.1284 of 2004 (C) ------------------------------- OPMV.513/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANTS/PETITIONERS --------------------------------- 1. ASHA JULIUS, GRACY BHAVAN, PALLITHARA, THIRUVANANTHAPURAM. 2. JULIUS ARJUN FERNANDEZ (MINOR) REP. BY ASHA JULIUS (MOTHER). 3. JULIUS ABHIJITH FERNANDEZ (MINOR) REP. BY ASHA JULIUS (MOTHER). 4. FRANKLIN FERNANDEZ, GRACY BHAVAN, H.NO.210, PALLITHARA, THIRUVANANTHAPURAM. 5. MARY FERNANDEZ, GRACY BHAVAN, H.NO.201, PALLITHURA, THIRUVANANTHAPURAM. 6. SEETA FRANKLIN, GRACY BHAVAN, H.NO./201, PALLITHURA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS/RESPONDENTS ------------------------------------ 1. ABDUL AZEEZ, S/O.SULAIMAN KUNJU, VATTAVILA VEEDU, MULAPRA, UMAYANALLOOR, EASTATE P.O. THIRUVANANTHAPURAM. 2. SURESH BABU, S/O.SASIDHARAN, VALUVILA VEEDU, MUTHANA, NAVAIKULAM, THIRUVANANTHAPURAM. MACA.No.1284 of 2004 (C) -2- 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.8, VIJAYA NAGAR BUILDINGS, PALAMON P.O. KOTTARAKKARA. ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW FOR R3 SRI.K.RAJENDRAN (VENNICODE) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.1284 of 2004 ------------------------------------------------ Dated this the 28th day of October, 2008 JUDGMENT Balachandran, J A 34 years old lawyer of Thiruvananthapuram Bar on his way to Attingal for conduct of cases riding his scooter, met with an accident and sustained fatal injuries on 18/02/1997 when he was hit down by lorry bearing registration No.KL-02-B-0477 driven by the second respondent and insured by the third respondent/Insurance Company. The first respondent is the owner of the said lorry. His legal representatives claimed a total compensation of Rs.10 lakhs. The Tribunal awarded a total compensation of Rs.7,30,000/-. This appeal is filed challenging the quantum of damages so awarded as being insufficient. M. A. C. A. No.1284 of 2004 -2- 2. Dependency compensation was quantified by the Tribunal taking Rs.5,000/- as the notional income of the deceased though the claim was that his monthly income was Rs.10,000/- and adopting the apt multiplier 17. The deceased was a lawyer who had put in more than six years of practice and was highly connected and the Tribunal has observed that he had all the trappings of a successful budding lawyer. It cannot be forgotten that there is no limit up to which an efficient and successful lawyer can rise and earn income. The mere fact that he was not shown to be an income tax assessee or that there is no proof regarding the actual income earned by him does not mean that he was not having a reasonable income as he was having six years experience as a lawyer especially when the Tribunal has observed that he was a successful budding lawyer. His future prospects also should have M. A. C. A. No.1284 of 2004 -3- been considered. We are of the view that at least Rs.6,000/- has to be fixed as his monthly earnings and we fix his notional income accordingly. Hence, the dependency compensation which the appellants/petitioners would be entitled to will be Rs.1,36,000/- in addition to what has been awarded by the Tribunal. The third respondent/Insurance Company shall deposit the above additional amount of compensation awarded with 7.5% interest from the date of application till the date of deposit within two months from today. On deposit of the same the appellants 1 to 5 shall be entitled to share in the said amount in the proportion in which the award amount is ordered to be disbursed to them. The amounts due to the share of appellants/petitioners 2 and 3 shall be deposited respectively in their names for a period of ten years with provision for the first appellant/first petitioner to M. A. C. A. No.1284 of 2004 -4- draw the interest due thereon to meet the educational and other expenses of minor appellants 2 and 3. The amounts due to the share of appellants 1, 4 and 5 can be withdrawn by them. 3. Appeal is thus, allowed in part. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-