Delhi High Court
Smt. Shanta Devi And Others vs Sh. Charchal Singh And Others on 30 April, 2001
Equivalent citations: II (2001) ACC 675, 2003 ACJ 37, 2001 VAD Delhi 776
Bench: B Khan, M Siddiqui
ORDER
Khan, (J).
1. One Dharam Singh Tyagi, a 37 year old practicing Advocate died in a road accident on 21.11.1070. His LRs filed a claim suit claiming a compensation of Rs.2 lakhs with 12% p.a. interest. But MACT assessed the income of the deceased at Rs.700/- and deducted Rs.200 from it to work-out dependency at Rs.500/- and applied a multiplier of 14 to it, awarding compensation of Rs.67,950/- after making some deductions.
2. Appellants filed FAO 327/80 for enhancement and respondents 1 and 4 also filed cross objections in it wanting the award of compensation to be restricted to Rs.15000/-. First Appellate Court, however, upheld the assessment of income of deceased made by tribunal but raised the multiplier from 14 to 24 to award compensation of Rs.1.44 lakhs with 12% p.a. interest.
3. Appellant still felt dis-satisfied with this and have failed this appeal for further enhancement of compensation. Their counsel Mr.Goyal has taken us through the evidence on record to show that the deceased was earning between Rs.1000/- to Rs.3000/- per month and was running an office of his own. He referred to testimony of widow of the deceased and his clerk (PW 10) and also Office in charge of the Bar Association (PW 8) and prayed for his income being assessed at Rs.2,000/- in the least. He also placed reliance on some judgments of various High Courts to urge that the Court was required to award just and fair compensation which could exceed the amount claimed by claimants. He also cited some Supreme Court judgments awarding compensation between Rs.2 lakhs to 5 lakhs in cases involving labour and students where no known income was assessable. It is not necessary to quote from the judgments cited because principles initiated in these are by the large well established and their applicability depends on the facts and circumstances of the case.
4. In the present case it is borne by record that deceased Tyagi had established his practice and was earning Rs.1000/- to Rs.3000/- PM at the relevant time. His practice would in all likelihood have flourished in the years to come and so would have his income increased. It appears that this aspect had missed the attention of court below though it deserved to be taken in account because future prospects of deceased and his advancement in career constituted a factor in assessment of his income.
5. Proceeding on this premises average income of the deceased advocate could safely by fixed at Rs.2000/- per month and deducting 1/3rd of this for his personal expenses, the dependency would work out at Rs.1334/- and applying a suitable multiplier of 16 to it, the compensation amount would come to Rs.2,13,044/- which is rounded up to 2.13 lakhs. We notice that appellants have asked for a compensation of Rs.2 lakhs only. Therefore, they are entitled to be awarded by FAC. This appeal is accordingly allowed and impugned judgment modified to that extent that appellants shall be entitled to compensation of Rs.2 lakhs with 12% p.a interest and respondent-Insurance Company is directed to satisfy the remaining award within four month from receipt of this order.
Appeal is disposed of accordingly.
