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2000 DIGILAW 837 (DEL)

NAAGENDRA GOSH GUPTA v. LEKHI RAM

2000-09-19

B.A.KHAN

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B. A. Khan ( 1 ) DR. Neerja Gupta, a 30 years old Medical Practitioner was killed in a road accident on 26. 3. 1992 when her motor-cycle on which she was riding with her husband and child was hit by a DTC bus. Her husband and son filed Claim Suit No. 424/92 and MACT awarded them a compensation of Rs. 8,40,000. 00 with 12% interest. For this MACT assessed the gross income of the deceased doctor at Rs. 7,500. 00 and applied a multiplier of 14. ( 2 ) FEELING dissatisfied, appellants have filed this appeal for enhancement of compensation. Their grievance is that MACT had overlooked the bright future prospect and earning of the deceased who had just launched her practice and had miles to go. It is also complained that the Tribunal had applied a low multiplier. ( 3 ) THE grievance of the appellants seems justified on both Courts. It is the admitted position that Neerja was a qualified doctor and registered with Rajasthan Medical Council. She had just started her own private clinic and had earned around Rs. 25,000. 00 in four months as per Income Tax Certificate proved on record. She would have naturally earned much more in the days to come being a trained Gynaecologist. Her practice would have grown on her gaining more experience. ( 4 ) IT is also a matter of common knowledge that health care provided by the State leaves much to be desired and as a result patients are constrained to throng private clinics and seek private treatment. Therefore, given regard to the prevailing state of medical affairs it is not difficult to assess that the deceased could have earned an average income of the Rs. 15,000. 00 after an year or so and her dependency could be safely put at Rs. 10,000. 00 It is also apparent on the face of record that MACT had applied an inadequate multiplier in the facts and circumstances of the case. Considering that admitted age of the deceased was 30 years, multiplier applied ought to have been 18 in the light of guideline contained in the Schedule under M. V. A. ( 5 ) VIEWED thus total compensation payable to claimants would work out to be Rs. 21,60,000. Considering that admitted age of the deceased was 30 years, multiplier applied ought to have been 18 in the light of guideline contained in the Schedule under M. V. A. ( 5 ) VIEWED thus total compensation payable to claimants would work out to be Rs. 21,60,000. 00 which is payable with 12% and in the ratio as awarded by Tribunal Out of this 50% of the awarded amount inclusive of interest shall be invested in an FDR for 5 years and the remaining paid to claimants. Respondent No. 3 is directed to satisfy the award within three months from receipt of this order after adjusting any amount already paid. Any amount deposited by it in FAO 588/99 shall be released to claimants forthwith.