RAJESH JI VERMA Vs. ABHINEET KESARWANI

JUDGEMENT

(1.) BOTH these appeals have been filed against the award dated 10th January, 2006 delivered by Sri Ratan Lal Dhar, then Presiding Officer, motor Accident Claim Tribunal/a. D. J. Court no. 17, Allahabad in M. A. C. P. 775 of 2000, smt. Seema Verma and others v. Abhineet kesarwani and others. Since both the appeals have arisen out of the same judgment, we have heard them together and now we decide them by a common judgment.

(2.) THE facts relevant for disposal of these appeals are that the appellants of both these appeals filed the aforesaid M. A. C. P. in the court of District Judge, Allahabad with these allegations that Dr. Rajan Verma who was so of petitioner Nos. 5 and 6 (appellants in f. A. F. O. No. 845/ 2006 and husband of petitioner No. 1 and father of petitioner nos. 2 to 4 (appellants in F. A. F. O. No. 1574/06)was an Eye Specialist and renowned surgeon of India. He was doing his private practice and was earning Rs. 23,000/- per month. He was an income-tax payer and had paid income-tax of Rs. 51,934/- in the financial year 1999-2000 on the total income of rs. 2,77,873,50/ -. On 19th November, 2000 he was going to village Bhadwa, Saidabad p. S. Handia, District Allahabad to attended a free eye camp sponsored by Leo Club (Lions club) on Maruti van No. U. P. 7o-N-5590. It was being driven by opposite party No. 1 Sri abhineet Kesarwani and it was owned by opposite party No. 1-A Sri Kailash Nath kesarwani. It was insured with the Oriental insurance Company, opposite party No. 2. The driver of the offending van was driving it in a very rash and negligent manner. When Maruti van reached Haripur Binda, p. S. Handia District Allahabad on G. T. Road at about 2 p. m. its driver tried to overtake a vehicle. At that time Truck No. DL 1 -G-7177 was coming from the opposite direction and it collided with the above Maruti van. This truck was owned by opposite party No. 3 sri Sagar Singh and was being driven by opposite party No. 4 Sri Mohan Dev Sharma. Both these vehicles Collided and as a result thereof Dr. Rajan Verma died on the spot. The petitioners then filed this claim petition originally for recovery of Rs. 1,28,60,000/- as compensation under the following heads: 1. Loss of prospective income in future for 20 years at the rate of Rs. 20,000, per month Rs. 48,00,000/-, (2) Loss of career Rs. 5,00,000/-, (3) Loss of amenities Rs. 10,00,000/-, (4) Los of enjoyment of life Rs. 10,00,000/-, (5)Loss of love affection Rs. 5,00,000/-, (6)Loss due to mental agony Rs. 5,00,000/-, (6) Loss of house keeping capacity rs. 50,000/- and (7) Cremation and last rites Rs. 10,000/- total Rs. 1,28,60,000/ -.

(3.) THE petitioners subsequently amended the claim petition and added the amount under the following heads: 1. The claim of Rs. 50,00,000/- under the head "loss of career" was reiterated as loss of "brilliant Lucrative Career" (2)The amount under the head of 'loss of amenities' was 'enhanced from rs. 10,00,000/- to Rs. 30,00,000/ -. The amount under the head 'loss of love and affection' was enhanced from rs. 5,00,000/- to Rs. 25,00,000/- and the loss under the head 'loss due to mental agony' was enhanced from rs. 5,00,000/- to Rs. 65,00,000/ -. Thus net enhanced amount of compensation claimed was Rs. 2,28,60,000/ -.