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IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd November, 2009
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MAC.APP.No.135/2008
MAC.APP. 359/2008
YES
2.
YES
3.
YES
JUDGMENT (Oral)
1.
Page 1 of 8
of Dr. Brij Mohan. The deceased was survived by his parents who
filed the claim petition before the learned Tribunal.
2.
The deceased had completed his MBBS and was doing one year
internship with Guru Teg Bahadur Medical College, Shahadara
and was getting stipend of Rs.5,000/- per month. The deceased
had also cleared the UPSC examination for the post of medical
officer and was scheduled to be appointed as medical officer after
completing the internship.
4.
Page 2 of 8
Bhagwat
Singh
Verma,
eye-witness
of
the
accident
Page 3 of 8
PW-4 put the deceased in the TSR with the help of passerby and
sent him to the hospital. PW-4 was called by the police where his
statement was recorded.
From the
the
police
chargesheeted
the
driver
vide
Page 4 of 8
dismissed.
MAC.APP.No.359/2008
1.
The
claimants
have
filed
MAC.APP.No.359/2008
for
and was getting the stipend of Rs.5,000/- per month and was
supposed to join the Hospital at a salary of Rs.18,000 to
Rs.20,000/- per month. However, the learned Tribunal held the
evidence to insufficient to prove the income and took the
minimum wages of a graduate worker as Rs.3,543/- per month,
added 50% towards inflation and rise in price index, deducted
1/3rd towards personal expenses and applied the multiplier of 11
to compute the loss of dependency at Rs.9,35,352/-. Rs.15,000/has been awarded towards loss of consortium and Rs.10,000/towards funeral expenses.
Rs.9,60,352/-.
3.
Page 5 of 8
(i)
The
income
of
the
deceased
be
taken
to
be
from
11
to
13
The
multiplier
be
enhanced
(iv)
4.
The
Page 6 of 8
The compensation of
Page 7 of 8
III 2008 ACC (1) SC, the rate of interest is enhanced from 7%
per annum to 7.5% per annum.
9.
J.R. MIDHA, J
Page 8 of 8