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Vimalkumar v. Sajeevan

  • MACT

Motor Accident Claims – Monthly Income – Professionals – the fixation of monthly income was done based on the evidence adduced in those cases and also taking into the peculiar economic situations existed therein. [Para 9]

According to the appellants, the deceased was aged 24 years who had just completed his BDS course and was about to start his career as a Dentist. The monthly income claimed was Rs.50,000/-. It was also contended that all the appellants were depending upon the deceased and on that basis, a compensation of Rs.80 Lakhs was claimed.

Motor Accident Claims – Monthly Income – Professionals – As the potential earning capacity of each professional varies from person to person, income earned by one professional cannot be treated as a bench mark for determining the income of any other professional in the same category.

In this case, the Tribunal, after considering the educational qualification of the deceased fixed an amount of Rs.25,000/- as monthly income which according to me is very reasonable. This is particularly because the said amount is not substantially lower than the monthly income earned by PW2, who had certain marked advantages in her profession, such as, her spouse is an established Dentist and she joined in an established Dental clinic along with him. In such circumstances, I do not think that, the monthly income fixed by the Tribunal requires any re-consideration and accordingly I confirm the same. [Para 9]

Motor Accident Claims – Future Prospects – Professionals – Even in respect of the monthly income fixed on the basis of guess work, future prospects of the deceased is to be taken into consideration and appropriate addition should be made. There is evidence indicating the completion of professional course by the deceased which is very lucrative in nature and the income is likely to grow as he attains more experience in his profession. In such circumstances, the Court inclined to make an addition of 40% of the monthly income towards future prospects. [Para 13]