IN THE HIGH COURT OF DELHI AT NEW DELHI MAC APPEAL NO. 567/2006 Judgment delivered on: January 22,2008 Mr. C.S.S Rao ..... Appellant. Through: Mr.J.K.Nayyar, Advocate. versus Mr.Rajesh & Ors. ..... Respondents Through: Mr.D.K.Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR, 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest? KAILASH GAMBHIR, J. Oral: By way of the present appeal the appellant MAC APP. No. 567/2006 page 1 of 6 seeks to challenge the impugned award dated 17.04.2006 whereby the compensation amount of Rs. 1 lac has been awarded in favour of the appellant along with interest @6% p.a. from the date of filing of the petition till realisation. The brief facts to deal with the contention of the parties are as under: On 14.5.99 the appellant was going on his two wheeler scooter bearing registration no. DI 7S O 925 from Mayur Vihar to Hon'ble Supreme Court, at about 11 A.M. When he reached at the T-point of Ring Road and Noida Road his scooter was hit by a Maruti Van bearing registration no. HR 10A 9060 being driven by respondent no.1 rashly and negligently due to which the appellant sustained injuries Counsel for the appellant contends that the Tribunal has not considered the future prospects of the appellant who was in the legal profession. Counsel for the MAC APP. No. 567/2006 page 2 of 6 appellant further contends that the income tax return for the assessment year 2000-2001 showing his income as Rs. 90,345/- and Rs. 80,315/- for the assessment year 2001-2002 and Rs.60,480/- for the assessment year 2002- 2003 and Rs. 60215/- for the assessment year 2003-2004 has been proved but still the Tribunal ignored the said documentary evidence placed on record before it. The contention of the counsel for the appellant is that income tax record of the appellant clearly shows that there is continuous decrease in the income of the appellant. Per contra, Mr. D.K.Sharma, counsel for the respondent contends that the Tribunal has granted adequate compensation after considering the facts of the case. The counsel contends that no fault can be found with the findings of the Tribunal as the Tribunal has awarded a sum of Rs. 35,000/- towards disability suffered by the appellant and a separate amount of Rs.30,000/- towards loss of income. Counsel further contends that MAC APP. No. 567/2006 page 3 of 6 there was decline in the income of the deceased and therefore the said material filed by the appellant cannot be taken into account for considering the future prospects of the appellant. I have heard learned counsel for the parties and have perused the record. As per the physical disability certificate filed by the appellant he has suffered 50% disability in left lower limb. The Tribunal has taken into consideration 50% disability of the said part and 10% disability of his entire body. It has come on record in the testimony of the appellant that after the said fracture he could not practice in Delhi and joined back at his native place i.e., Orissa. The assessment records filed by the appellant also shows that there was continuous and considerable decline in his income. The appellant who was practicing in Delhi before the Supreme Court of India and even after undergoing treatment, he was not medically fit to discharge his duties MAC APP. No. 567/2006 page 4 of 6 as an Advocate. The appellant in his affidavit also stated that even after a period of five years from the date of the accident he was unable to move properly. The said disability, no doubt has played havoc with an Advocate who is required to move from one Court to another court for attending the cases. The appellant in his affidavit has stated that even within the Supreme Court he was not in a position to move from one court to another. It is thus clear that the said injury in a sense has incapacitated the appellant from rendering his professional duties and which certainly has affected his future growth and future prospects. Perusal of the documentary evidence also shows decline in the income of the appellant. In the facts and circumstances of the present case, I feel that further amount of Rs.50,000/- toward loss of future prospects in the said multiplier period of five years would meet the end of justice. I also find that a meager amount of Rs.15,000/- towards the pain and MAC APP. No. 567/2006 page 5 of 6 suffering has been awarded by the Tribunal. The same is also enhanced to Rs.25,000/-. The Tribunal has also awarded lower rate of interest of 6% p.a, the same is also raised to 7.5% p.a. The differential amount be paid by the respondent to the appellant along with up-to-date interest @7.5% p.a. from the date of filing of the petition till realisation. With these directions, the appeal stands disposed of. January 22, 2008 KAILASH GAMBHIR, J. mg MAC APP. No. 567/2006 page 6 of 6