SITA DEVI Vs. VIRENDER SINGH RAWAT

JUDGEMENT

(1.) These are two Cross-Appeals arising out of a judgment dated 03.01.2011 whereby a compensation of Rs.13,35,000/- was awarded for the death of Ajay Bharti, a BAMS student. His potential income was taken to be Rs.15,000/-, after deducting 50% towards personal and living expenses (since he was a bachelor), and on adopting a multiplier of 14, the loss of dependency was assessed as Rs.12,60,000/-.

(2.) In fact, initially an order for monthly payment of compensation was passed by the Claims Tribunal by an order dated 18.03.2009. The same was challenged by the Oriental Insurance Co. Ltd. in MAC APP. 356/2009. During pendency of the Appeal, a direction was issued to the Secretary/Registrar, Central Council of Indian Medicine, Ministry of Health and Family Welfare, Government of India and Delhi Bhartiya Chikitsa Parishad, Department of Health and Family Welfare, Govt. of NCT of Delhi to provide relevant data as to the prospective income of a student on completion of BAMS course. A letter dated 08.04.2010 was written to the Registrar General of this Court by the Secretary, Central Council of Indian Medicine, Ministry of Health and Family Welfare, Government of India informing that the starting salary of a BAMS student after implementation of the 6th Pay Commission (w.e.f. 01.01.2006) would be about Rs.29,160/-.

(3.) In the case of a student pursuing a professional course, the Tribunal is to consider the potential income of the deceased after completion of the course. In the case of Haji Zainullah Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994 5 SCC 667, death of a young boy, aged 20 years took place in an accident which happened in the year 1972. The deceased was a student of B.Sc Ist year (Biology), a compensation of Rs. 1,46,900/- was increased and rounded off to Rs. 1,50,000/-.