ANJANA BILOHA Vs. R K JAIN

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and award of the Motor Accidents Claims Tribunal, Patiala House, New Delhi dated 03.08.1999 passed in Suit No.184 of 1994 titled as "Anjana Biloha and Others vs. R.K. Jain & Anr.", whereby a sum of ` 6,16,000/- was awarded to the appellants for the untimely demise of their bread-earner, Shri Shyam Biloha.

(2.) BRIEF facts relevant for the disposal of the present appeal are that the aforesaid Shri Shyam Biloha died as a result of a motor vehicular accident which took place on 23.02.1994. A Claim Petition claiming compensation in the sum of ` 35,00,000/- was filed by the legal representatives of the deceased, viz. the widow, mother and daughter of the deceased against the owner-cum-driver and the insurer of the offending vehicle. The learned Tribunal after concluding that the accident was caused due to the rash and negligent driving of the offending vehicle by the respondent No.1, held the appellants entitled to receive compensation in the sum of ` 6,16,000/- alongwith interest at the rate of 12% per annum from the date of filing of the petition till the date of realisation. Aggrieved therefrom, the appellants have filed the present appeal seeking enhancement of the amount of compensation awarded by the learned Tribunal.

(3.) AS regards the income of the deceased, it was submitted by the learned counsel for the appellants in this regard that the deceased was a practicing Supreme Court advocate and his income was bound to increase as he gained experience. It was further submitted by the learned counsel that a legal presumption of annual increments must be drawn in the case of professionals, especially lawyers whose career graph rises more substantially in the later years than in the earlier years. On the basis of the aforesaid, the learned counsel for the appellants prayed that 30% of the income of the deceased may be added towards the future prospects of increase in the income of the deceased, considering that the deceased was admittedly around 47 years at the time of the accident. The learned counsel in this context relied upon the following part of the judgment of the Supreme Court in the case of Smt. Sarla Verma and Ors. vs. Delhi Transport Corporation and Anr. (2009) 6 SCC 121:-