MAC. App. 633/2012. Case: National Insurance Co. Ltd. Vs Salma Farheen and Ors.. High Court of Delhi (India)
| Case Number | MAC. App. 633/2012 |
| Counsel | For Appellant: Manoj Ranjan Sinha and Vikas Singh, Advocates and For Respondents: Elahi, Advocate |
| Judges | G. P. Mittal, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order XLI Rule 33; Motor Vehicles Act, 1988 - Sections 158, 166 |
| Judgement Date | February 20, 2015 |
| Court | High Court of Delhi (India) |
Judgment:
G. P. Mittal, J.
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The appeal is for reduction of compensation of Rs.41,30,100/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of a young girl Salma Farheen, who suffered serious injuries in her right lower limb and brain in a motor vehicular accident which occurred on 16.09.2006.
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It is urged by the learned counsel for the Appellant that there was only 50% disability in respect of the claimant's left lower limb. There is moderate level mental disability. The Claims Tribunal erred in assessing loss of earning capacity to the extent of 90%. It is urged that the Claims Tribunal erred in taking the loss of projected income of Respondent no.1 as Rs.15,000/- per month. It is stated that the compensation awarded towards non- pecuniary damages is also on the higher side.
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The compensation awarded by the Claims Tribunal is tabulated hereunder:
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The compensation under item 2 'Compensation for Expenses incurred on Medical Treatment, Special Diet, Conveyance and Attendant Charges' comprised of a sum of Rs.2,47,737/- towards cost of treatment, Rs.5,000/- towards special diet, Rs.7,000/- towards conveyance charges and Rs.40,000/- towards attendant charges.
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While dealing with the aspect of potential income of Respondent no.1, the Claims Tribunal observed as under:
To compensate under this head, I will have to assume the annual income of petitioner in this case as she was not working at the time of her accident being student. The second schedule specifies Rs.15,000/per annum to be assumed as income in the case of nonworking victims. However, I find this wholly inadequate in the present time. Moreover, petitioner was a student of B.A Program in
St. Stephen College . She was also doing two years course of Global Aviation and Hospitality Management diploma from Air Hostess Academy Pvt. Ltd. and was studying in the final year of the said course at the time of her accident. PW 3 Om Prakash Jha has been examined from Air Hostess Academy Pvt. Ltd., who has proved these facts. He has also proved that students after passing out get jobs in Hotel and Airlines and initial starting pay in Hotels is around Rs. 15,000/-while in Airlines, it is around Rs. 25,000/. PW 7 Sh. Khem Singh, Clerk, St. Stephen College, Delhi University has also been examined and has proved the fact that petitioner had taken admission in St. Stephen College in B.A Program in the year 2005-2006 and had completed one year and had been promoted to second year and thereafter, she stopped attending. Considering all these facts, I am of the view that petitioner seemed to be setting for a successful future had she not met with accident. Therefore, considering all contingencies, calamities and disadvantages that may have occurred in the petitioner's normal future into account, I take annual income of the petitioner as Rs.1,80,000/- which is reasonable for the purpose of future loss of earning capacity due to disability. -
Respondent no.1 Salma Farheen was a brilliant student having excellent academic record. She was a student of
St. Stephens College studying in IInd year. Her performance in B.A. Ist year was quite good. In spite of the fact that she was also pursuing Arts stream, in addition Respondent no.1 was also pursuing a professional course in Air Hostess Academy as she wanted to become an Air Hostess. Admittedly, Respondent no.1 did not have any income on the date of the accident. It is well settled that potential income of a student, particularly pursing professional course must be taken into consideration to award loss of earning capacity or loss of dependency. -
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) and a compensation of Rs.1,46,900/- was granted which was increased and rounded off to Rs.1,50,000/-.
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