UNITED INDIA INSURANCE CO LIMITED Vs. PATRICIA JEAN MAHAJAN

JUDGEMENT

(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 Car 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 Sec. 166 of the Motor Vehicles Act for compensation, on account of death of Dr. Mahajan. According to the claimants Dr. Mahajan had specialized the field of Nephrology and had set up his good practice and a hospital in Michigan U.S.A. 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 U.S. 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. 45 Crores was claimed.