Medical Student’s Future is not Fiction : Bombay HC Awards Realistic Accident Compensation
Judgment dated 29.10.2025 of the High Court of Bombay, Bench at Aurangabad, in First Appeal No.1369 of 2016 of Divisional Controller Maharashtra State Road Transport Corporation Vs. Govind Shivram Wagh with cross-objection.
Death of final year MBBS meritorious student in the bus accident.
The classmate of the deceased had given the evidence that he was earning the income of Rs.56,540/- per month salary as Medical Officer in ESIS Hospital.
The Tribunal, however, fixed the income at Rs.35,000/- per month on the ground that it cannot be said that the deceased would also have earned the same job and same salary of classmate.
The Tribunal applied the multiplier of M-17 treating his age at 27 years on the basis of inquest panchanama and post mortem report.
HELD that the future prospects are to be given in every death case irrespective of the category of the claimant i.e. earning, non-earning or established or non-established income.
HELD that the reliance placed on the age shown in the inquest panchanama and the post mortem report as “27 years” approximately is incorrect is not all dependable as regards age because it it merely put approximate age. Moreover, other documents of SSC / HSC Certificates / Aadhaar Card show the age of 24 years.
HELD that in case of death of persons having no income but have expedient potentials to suggest their income, the deceased on completion of the MBBS course he would have been employed as Doctor and received income. Therefore, just and proper compensation must be fixed.
