VED VATI Vs. CHATTER SINGH

JUDGEMENT

(1.) One Narender Kumar, 38, working as Doctor in MCD died in a road accident on 29.2.1980 involving two DTC buses. His LRs filed Claim Suit No. 158 /1980 claiming compensation of Rs. 6,62,000.00. But MACT assessedhis dependency at Rs. 1,305.00 and awarded compensation of Rs. 3,56,223.00 with 9% interest applying a multiplier of 32 to it vide award dated 28.2.1983.

(2.) Two appeals were filed against this award. One (FAO 136/1983) by the appellants and the other (FAO 110/1983) by DTC. Appellants first appeal was disposed off by raising rate of interest to 12% and that of DTC was dismissed.

(3.) Appellants have filed this appeal now seeking further enhancement of compensation. Their case is that they had filed an application (C.M. 617/1993) on 22.2.1993 alongwith communication of Deputy Health Officer of MCD containing details of deceased's salary till his retirement if he had survived which was rejected and the document containing salary particulars disregarded. It is submitted on the basis of this document that the earning of deceased could have been Rs. 10,49,679.15 and if 1/3rd of this amount was deducted for his personal expenses, his annual dependency would work out to Rs. 72,000.00, which if capitalised by appropriate multiplier of 15 would take the compensation amount to Rs. 10,80,000.00. Reliance in this regard is placed on some Supreme Court judgments including "Manjushri Raha & Olhers v. B.L. Gupta & Others" 1977 ACJ 134; "New India Assurance v. Kala Devi & Others, 1996 ACJ 16=1 (1996) ACC 291 (SC); "DTC v. Sudershan Yadav & Others" 1995 ACJ 393=11 (1995) ACC 446 and Susamma Thomas v. Kerala State Road Transport Corporation, 1994 ACJ 1=1 (1994) ACC 346 (SC) to urge that the Apex Court had taken in regard the future prospects of the deceased employees for assessing their income which also included 3rd Pay Commission Revision etc. It is, therefore, prayed that judicial notice was required to be taken of the document placed by appellants on record vide their C.M. No. 617/1993.