Brijesh Kumar JUDGMENT
Brijesh Kumar, J.
1. Leave granted.
2. The above noted four appeals arise out of the proceedings before the Motor Accident Claims Tribunal Tis Hazari, Delhi in Suit No. 325 of 1995. Since in all the appeals the judgment and order passed by the Division Bench of Delhi High Court has been challenged and the matters relate to the same accident, all these appeals have been heard together and they are being disposed of by this order.
3. The brief facts are that Dr. Suresh K. Mahajan aged 47-48 years a medical graduate went to America and established himself in the medical profession and became an American National. He established his own hospital in Michigan, U.S.A. He was on visit to India and on February 3, 1995 while proceeding to Jaipur from Delhi in a Maruti Care No. Dl-4CB-1926 belonging to one of the two brothers travelling with him, a truck No. HR-29D-1125 hit the rear part of the Maruti Car. Dr. Mahajan was sitting on the back seat was injured and succumbed to his injuries. The Dependents of Dr. Suresh K. Mahajan filed a petition under Section 166 of the Motor Vehicles Act for compensation on account of death of Dr. Mahajan. According to the claimants Dr. Mahajan had specialized in the field of Nephrology and had set up his good practice and a hospital in Michigan USA. According to the claimants, income of the deceased was progressively increasing every year out of his practice and the hospital and in the year 1994 his income was to the tune of 9 lacs US dollars. At the time of his death Dr. Suresh K. Mahajan left behind his wife Patricia Jean Mahajan, two daughters, a son and his parents residing in Delhi. According to the claimants, he was providing good education to his children and had also been sending a sum of Rs. 8,000/- to his parents in Delhi. A compensation for a sum of Rs. 54 crores was claimed.
4. The Motor Accident Claims Tribunal after appreciation of the evidence and the material on the record and on detailed discussion therefore, recorded the finding that Dr. Mahajan received injuries and died because of the rash and negligent driving of the Troller No. HR 29-D-1125. So far the amount of compensation is concerned, the Tribunal came to the conclusion that the carry home income of the decreased was 3,09204 US Dollars. Out of which, 2/3rd amount was set apart on account of self expenses of the deceased and 1/3rd amount was held to be the amount of dependency which came to 1,03068 US Dollars. A multiplier of 7 was applied to arrive at the figure of compensation, the amount came to 7,21,476 US Dollars, out of which deduction on account of benefits of social security system/LIC was deducted which included an amount of 2,50,000 US Dollars received by the claimants on account of personal life insurance of Dr. Mahajan. The other amounts paid to Mrs. Mahajan and two of her children on account of social security coming to a sum of 51,300 US Dollars were also deducted. The Tribunal deducted a total amount of 3,22,900/- dollars. Applying the exchange rate of Rs. 30/- a sum of Rs. 1.19 crores was awarded with interest at the rate of 12% from the date of filing of the petition up to the date of payment, the total amount thus come to about Rs. 1.62 crores.
5. The claimants approached the High Court in appeal. The learned Single Judge found that carry home income of the deceased was 3,39,445 US Dollars and out of the said amount, 1/3rd of it instead of 2/3rd was liable to be deducted on account of self expenditure of the deceased, the amount of dependency thus, was fixed at 226297 US dollars. The learned Single Judge applied the multipl........