SUNITA JAIN Vs. RAM PAL

JUDGEMENT

(1.) THE present appeal under Section 173 of the Motors Vehicles Act, 1988 (for short as "Act") has been filed on behalf of the appellant for enhancement of the compensation to Rs. 35 lacs with costs through out and interest @ 18% p.a. from the date of filing of the petition till date.

(2.) BRIEF facts of this case are that on 11th July, 1990, Sunil Kumar Jain (since deceased) was going to his office on his two wheeler scooter No. DHE -6718. At about 9.05 a.m., when he was reached National Highway, Nizamuddin Bridge (near Pole No. 41) at a slow speed and was on his left side, a bus No. DEP3898 came from behind and hit the scooter of Sunil Kumar Jain. As a result of forceful impact on the scooter, deceased was thrown off on the road and he was crushed under the front wheel of the offending bus. He died on the spot.

(3.) THE case of the appellant is that deceased was working as a Company Secretary with M/s Montari Industries Ltd. and was drawing a monthly income of Rs. 9,500/ -. It is further stated that deceased was a talented young professional. He was M.A.LL.B and he was holding a Diploma in Personal and Industrial Management. By virtue of his qualification, deceased would have risen to the position of a Chief Executive in a large industrial undertaking and would have earned the income of Rs. 25,000/ - per month, for at least 30 years. The claimants have assessed the loss of dependency at Rs. 10,000/ - per month and have claimed compensation of Rs. 30 lacs. Further compensation of Rs. 5 lacs has been claimed on account of pain and agony, loss of happy and comfortable life, loss of enjoyment, etc.