JUDGMENT
G.P MITTAL, J. (ORAL)
CM. APPL. 20258/2012 (Exemption)
Exemption allowed subject to all just exceptions.
The Application stands disposed of.
MAC. APP. 1237/2012
1. The Appeal is for reduction of compensation of Rs. 13,80,000/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Respondents No. 1 and 2 for the death of Neeraj Yadav, a bachelor who was a IIIrd (Final) Year student of B.SC in Bio-Technology, GIS Institute of Professional Studies, H.N.B Garhwal University, Dehradun, Uttarakhand.
2. By the impugned judgment, the Claims Tribunal referred to Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy, AIR 2012 SC 100, assumed deceased's income to Rs. 10,000/- per month, added 50% towards future prospects, deducted 50% towards personal and living expenses and applied a multiplier of 15 as per the age of the deceased's mother to compute the loss of dependency.
3. The only contention raised by the learned counsel for the Appellant is that assumed income of Rs. 15,000/- including future prospects was excessive and exorbitant and the compensation needs to be reduced.
4. It is no longer res integra that potential income of a student pursuing a professional course should be taken into consideration to award the loss of dependency. (See Haji Zainullah Khan (Dead) By Lrs. v. Nagar Mahapalika, Allahabad., Allahabad, (1994) 5 SCC 667; Ganga Devi v. New India Assurance Co. Ltd., (MAC APP. 359/2008), decided by this Court on 23.11.2009; Ramesh Chand Joshi v. New India Assurance Company (MAC APP.212-213/2006) decided on 20.01.2010 and B. Ramulamma v. Venkatesh, Bus Union, Rep. by A.M Velu Mudaliyar, 2011 ACJ 1702.
5. It has to be kept in view that B.Sc in Bio-Technology is a prestigious course and it can be assumed that a person who has completed such a course would at least get an income of Rs. 15,000/- per month. In fact, in Ramesh Chand Joshi v. New India Assurance Company (MAC APP.212-213/2006) decided on 20.01.2010, in case of death of a BE(Bio-Technology) student of Ist Year in Delhi College of Engineering, this Court took the potential income as Rs. 38,333/- per month. It is true that Delhi College of Engineering is a very prestigious institute and the deceased in that case was pursuing BE instead of B.Sc In any case, assumed income of Rs. 15,000/- cannot be said to be excessive or exorbitant by any standard.
6. The impugned judgment, therefore, does not call for any interference. The Appeal is, therefore, dismissed in limine. Consequently, the Applications filed with the Appeal are dismissed.
7. Statutory amount of Rs. 25,000/-, if any, shall be refunded to the Appellant Insurance Company.
Comments