G.P. Mittal, J. - (1.) CM. APPL. 20258/2012(Exemption) Exemption allowed subject to all just exceptions. The Application stands disposed of. MAC. APP. 1237/2012
(2.) THE Appeal is for reduction of compensation of Rs. 13,80,000/ - awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No. 1 and 2 for the death of Neeraj Yadav, a bachelor who was a IIIrd (Final) Year student of B.SC. in Bio -Technology, GIS Institute of Professional Studies, H.N.B. Garhwal University, Dehradun, Uttarakhand. By the impugned judgment, the Claims Tribunal referred to Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy, : AIR 2012 SC 100, assumed deceased's income to Rs. 10,000/ - per month, added 50% towards future prospects, deducted 50% towards personal and living expenses and applied a multiplier of 15 as per the age of the deceased's mother to compute the loss of dependency. The only contention raised by the learned counsel for the Appellant is that assumed income of Rs. 15,000/ - including future prospects was excessive and exorbitant and the compensation needs to be reduced.
(3.) IT is no longer res integra that potential income of a student pursuing a professional course should be taken into consideration to award the loss of dependency. (See Haji Zainullah Khan (Dead) by LR's v. Nagar Mahapalika, Allahabad, : 1994 SSC 487; Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors.,, (2008 MAC APP. 359), decided by this Court on 23.11.2009; Ramesh Chand Joshi v. New India Assurance Company (MAC APP. 212 -213/2006) decided on 20.01.2010 and B. Ramulamma & Ors. v. Venkatesh, Bus Union, Rep. by A.M. Velu Mudaliyar & Anr., : 2011 ACJ 1702.;