NAGENDRA GOSH GUPTA Vs. LEKHI RAM

JUDGEMENT

(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.