VEENA RANI Vs. DTC

JUDGEMENT

(1.) One Kishan Lal Sethi, an Assistant in Finance Ministry and on deputation with Doordarshan was hit by a DTC bus on 28.12.1977 and succumbed to injuries two days later. Appellants (claimants) filed claim suit no. 231/1978 claiming compensation of Rs. 5 lacs but MACT awarded them only Rs. 60, OOO.00 with 6% interest. While doing so, it assessed carry home salary of deceased at Rs. 800.00 per month and age at 36 years and applied a multiplier of 16 to determine compensation of Rs. 1,00,800/ - and then made some deductions from it for family pension and gratuity received by the widow and also for lump sum payment to claimants reducing the compensation to Rs.60,000.00.

(2.) Both sides took appeal against this award dated 23.9.1981. First Appellate Court, however, dismissed the appeal filed by respondent (FAO 65/1982) and allowed that of Appellants (FAO 103/1982) doing away with the deductions ordered by Tribunal and restoring compensation to Rs. 1,00,800.00 with 9% interest.

(3.) Appellants have now filed this LPA seeking more compensation on the ground that both Tribunal and First Appellate Court had disregarded prospects of advancement in future career of deceased while determining his gross income despite evidence on record. It is submitted that Appellants had proved (Ex. Public Witness-3/1) a chart containing future salary details of the deceased through Sh. D.P. Chopra, ADG, Doordarshan (Public Witness-3) to show that average income of deceased was least assessable at Rs. 1500/ - P.M. but the courts below had ignored it. Appellants also complain that multiplier applied and rate of interest granted was low and want these to be raised to 34 and 12% p.a. respectively.