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Intel IT Update

 

Kin of NRI doctor who died in mishap get Rs 9 cr
PRESS TRUST OF INDIA


New Delhi, March 14: In a significant judgement, the Delhi High Court has awarded a maximum compensation of Rs nine crore to the kin of a US-based NRI doctor, who died in a road accident on Delhi-Jaipur highway six years ago.

While enhancing the amount of compensation to Rs nine crore from Rs 1.19 crore, awarded by a motor accident claims tribunal (MACT), Justice B A Khan directed the United India Insurance Company to pay the compensation on the basis of existing exchange ratio in terms of US dollars.

Justice Khan said MACT had committed error in assessing the net income of the deceased as reflected in the income tax returns, filed by him in 1994, which was certified by the Indian consulate in Chicago.

The tribunal had erred in deducting two-third of assessed income for personal expenses of the deceased doctor S K Mahajan, the court said.

"It seems that the tribunal had unnecessarily diverted to the American life style to presume that a US citizen was spending more on himself and less on family or dependents," the court observed while enhancing the compensation to US $22,62,970, which as per the existing rupee exchange rate came to Rs. nine crore.

The court gave the order on an appeal filed by the doctor's widow Petricia Jean Mahjan, who said the tribunal had given "very less" compensation, while the claim before it was for Rs 54 crore, which was based on the earnings of her husband at the time of the accident.

Copyright © 2001 Indian Express Newspapers (Bombay) Ltd.

   

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