MAC. APP. 238 & 249/2012

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

MAC. APP. No. 238/2012

MEENU TOGNATTA & ANR. ..... Appellants

Through:

Mr. R.K.Kohli, Adv. with

Mr. K.R. Pamei, Adv.

versus

NATIONAL INSURANCE CO. LTD. & ORS...... Respondents

Through

Mr. S.L. Gupta, Adv. with Mr.

Ram Ashray, Adv. for R-1.

+

MAC. APP. No. 249/2012

GROUP CAPT. RAJENDER KUMAR AGARWAL & ORS.

..... Appellants

Through:

Mr. R.K.Kohli, Adv. with

Mr. K.R. Pamei, Adv.

versus

NATIONAL INSURANCE CO. LTD. & ORS...... Respondents

Through

Mr. S.L. Gupta, Adv. with Mr.

Ram Ashray, Adv. for R-1.

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

J U D G M E N T

G. P. MITTAL, J. (ORAL)

1.

By virtue of this judgment, the Cross-Objections which are

registered as MAC APPL.238/2012 and MAC APP.249/2012

are being decided as common question of law and facts is

involved in both the Appeals.

2012:DHC:2678

MAC. APP. 238 & 249/2012

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2.

Two young girls Disha Tognatta and Chhavi Aggarwal, who

were the Second year students of BE in Information Technology

Engineering and BE in Electronics & Communication

Engineering respectively from Modi College of Engineering &

Technology, Sikar, lost their life in a motor accident which

occurred on 19.11.2004. Both the girls were quite brilliant in

their studies. In 10^th standard Disha scored 79% marks in

aggregate and 90% in Science subjects with an ‘A’ Grade in all

the subjects. She passed her 12^th standard from a highly reputed

Institution i.e. MGD Girls School, Jaipur. She was involved in

extra curricular activities in the fields of music and

communication skills and in sports. Her father was a qualified

Engineer and mother was a Post Graduate in Hotel

Management.

3.

Chhavi Aggawal scored 86% marks with an ‘A+’ Grade in all

subjects in her 10^th class examination. She completed her

schooling from various reputed schools i.e. National Public

School, Bangalore; Army School, Ambala; Air Force Bal

Bharti, New Delhi and Central School, Bareily as her father was

an Aeronautical Engineer and served in Indian Air Force.

4.

Obviously, the deceased did not have any income on the date of

the accident. The Claims Tribunal after holding that the

accident was caused on account of rash and negligent driving of

the Tata Tanker, bearing registration No.RJ-23G-0843 driven

by Om Prakash (the Respondent No.4 in the main MAC

2012:DHC:2678

MAC. APP. 238 & 249/2012

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APP.1094/2006 & MAC APP.1095/2006) relied on the

judgments in Fateh Narain Hajela v. Rawal Singh, 1978 ACJ

Cause v. Govt. of NCT of Delhi II (2003) ACC 114 (DB), to

hold that the potential income of a person pursuing a

professional course can be taken into consideration to award the

loss of dependency.

5.

The Claims Tribunal accordingly took the deceased’s potential

income to be `1,50,000/- per annum and awarded a

compensation of `8,85,000/- in each of the two cases.

6.

The contention raised on behalf of the Appellants are twofold:-

(i)

The potential income of `1,50,000/- taken by the Claims

Tribunal was very low.

(ii)

The multiplier applied was low, it should have been taken

2012:DHC:2678

MAC. APP. 238 & 249/2012

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according to the age of the deceased’s mother.

7.

It was established during inquiry before the Claims Tribunal

that the deceased were pursing Engineering in Communication /

Information Technology from the prestigious Institution and

they had an excellent educational record apart from

participation in extra curricular activities. The Claims Tribunal

referred to and relied on a number of decisions and took the

income of `1,50,000/- per annum or say `12,500/- per month.

8.

No evidence was adduced by the Appellants to show the

placement offers in the relevant year or even in the year of the

death of the deceased.

9.

In the case of Haji Zainullah Khan (