MAC. APP. No.1071/2012

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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MAC.APP. 1071/2012

HARPAL SINGH & ANR.

..... Appellants

Through:

Mr. S.N.Gupta, Adv.

versus

M/S. ICICI LOMBARD & ANR.

..... Respondents

Through:

Ms. Suman Bagga, Adv. with

Mr. Pankaj Seth, Adv. for R-1.

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

G. P. MITTAL, J. (ORAL)

1.

The appeal is for enhancement of compensation of `12,35,000/-

awarded by the Motor Accident Claims Tribunal (the Claims

Tribunal) in favour of the Appellants for the death of Jaspreet Singh,

who suffered fatal injuries in a motor vehicular accident which

occurred on 13.01.2010.

2.

It is urged by the learned counsel for the Appellants that Jaspreet

Singh was a brilliant student who was pursuing B.Tech (Bachelor of

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Technology) in Computer Science & Engineering from Guru Tegh

Bahadur Institute of Technology affiliated to Guru Gobind Singh

Indraprastha University. He had passed 12^th class examination from a

prestigious school, i.e. Gyan Bharati School, Saket, New Delhi

affiliated to the Central Board of Secondary Education (CBSE). It is

stated that the Claims Tribunal assumed the potential income of the

deceased to be just `15,000/- per month, which is very low and needs

to be raised.

3.

On the other hand, learned counsel for Respondent no.1 (M/s. ICICI

Lombard) states that the compensation awarded is just and reasonable.

4.

It is no longer res integra that the potential income of a student who

suffers injuries in a motor vehicular accident must be considered for

awarding loss of dependency or loss of earning capacity.

5.

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). Compensation

of `1,46,900/- was increased and rounded off to ` 1,50,000/-.

6.

In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors., MAC

APP. 359/2008, decided by this Court on 23.11.2009, which related to

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the death of a student (studying medicine) who was doing internship

and was to be awarded the MBBS degree in a short time, the Tribunal

awarded compensation of ` 9,35,352/- on the basis of the minimum

wages of a Graduate. This Court observed that although the deceased

was getting a stipend of ` 5,000/- per month at the time of his death

due to the accident, he would have ultimately joined as a doctor at a

salary ranging between ` 16,000/- per month to ` 25,000/- per month.

Thus, the average monthly income of the deceased was taken as `

18,000/- per month and after adding 50% towards future prospects, the

compensation was enhanced to ` 21,36,000/-.

7.

In Ramesh Chand Joshi v. New India Assurance Company, MAC

APP.212-213/2006 decided on 20.01.2010, this Court took the

potential income of a BE (Bio-Technology) First year student of Delhi

College of Engineer (DCE) to be `38,333/- per month.

8.

A Division Bench of Andhra Pradesh High Court in B.Ramulamma &

2011 ACJ 1702 held that it was very difficult to determine the income

of a student if he was allowed to complete his course. It was observed

that it was appropriate and reasonable to take the salary at the entry

level fixed by the Govt. for such jobs.

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9.

There will always be a difference in the potential income of a student

pursuing professional course. There are prestigious colleges of

medicine like All India Institute of Medical Sciences and Maulana

Azad Medical College on the one hand and the colleges run by the

private universities on the other. Similarly, there are Indian Institute of

Technologies (IITs), Regional Engineering Colleges, Colleges

affiliated to State Universities and Private Colleges for Engineering

courses.