HC awards Rs 64 lakh compensation to road mishap victim’s kin
Challenging the trial court order on compensation, the counsel for the New India Assurance Co Ltd contended that the salary offer in a foreign country could not be considered to determine the loss of dependency without any evidence of liability towards tax and personal and living expenses.
The counsel further urged that although Mitashree was a brilliant scientist, she could have also got employment in India on a salary of around Rs 50,000 per month. “The compensation awarded on the basis of the Fellowship’s remuneration converted into euros is not reasonable,” said the counsel.
Justice Mittal differed with the company’s views and noted that Mitashree was involved in research work since 1998.
“From her profile, it was evident that she had opportunity to earn not only in this country but abroad as well. She had an offer for euro 40,000 per annum for a period of two years from the date of her joining the Department of Clinical Genetics, Netherlands. In my view, with her research and experience of 12 years after her post-graduation, she could have conveniently landed a job as an assistant professor in IIT or a scientist at middle level in any department or public sector organisation owned by the Government of India,” held the court.
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