PATRICIA JEAN MAHAJAN Vs. BALKISHAN

JUDGEMENT

(1.) Dr. S.K. Mahajan, a Non-Resident Indian Doctor, practising in America and running his own hospital there died in a road accident on Delhi-Jaipur highway on 3.2.95. Appellants (his L.Rs. ) filed claim Suit 325/95 and claimed compensation of Rs. 54 crores and so on the ground that his annual income was US $ 9 lacs and his age 47 years. For this they examined the widow of deceased Doctor and also placed on record his income-tax returns for 1991 to 1994 (Ext.P/X to P/X3) which were certified by an American Public Accountant Mr.Akram G. Namou and certified by the Consulate General of India at Cichago. These reports showed the net income of the deceased at $ 5,02,937, his taxable income $4,72,696 and $ 1,63,492 paid by him as tax for 1994.

(2.) Tribunal determined the age of the deceased at 47 years and assessed his income at $ 4,72,696 and deducted tax paid amount of $ 1,63,492 from it to work out the net carry home income at $ 3,09,204. It further deducted 2/3rd of this amount on account of his personal expenses to determine the loss of dependency at $ 1,03,068. It then applied a multiplier of 7 to it after taking in regard the age of the parents of the deceased which ranged from 70 to 76 and the judgment of Supreme Court in GMKSRTC v. Sushma Thomas, 1994 (2) SCC 176=I (1994) ACC 346 (SC) to work out the compensation at $ 7,21,476. It again deducted the social security benefit and the insurance money totalling $ 3/22,900 received by appellants 1-4 to reduce the net compensation payable further to $ 2,16,44,280 and applied a conversion rate of Rs. 30 per dollar to award compensation of Rs. 1,19,57,280 with 12% interest.

(3.) Appellants feel dissatisfied with this and have filed this Appeal for enhancement of compensation on a number of grounds. I have already dismissed the connected counter Appeal filed by respondent Insurance Company (R-) challenging Tribunal award dated 6.7.98 and that facilitates examination of this Appeal on merit.