ANITA DEVI Vs. UNITED INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) These are three appeals preferred by the legal heirs of deceased Pawan Kumar, Jitender Singh and Dev Karan. Their claim petition had been decided by a common judgment and vide Award dated 18.5.2010 compensation had been awarded in favour of the claimants. There is no dispute on the quantum granted under the head of non-pecuniary damages. The only dispute is with regard to the amounts awarded under the head of loss of dependency.

(2.) All the three deceased after their retirement from the Indian Navy had been employed with M/s. DEC Property Management Pvt. Ltd. on different posts. On 8.11.2008 they were travelling together in a Maruti Wagon (R) when their car collided with a Tata truck which was being driven in a fast and negligent manner; as a result of this collision the motor cycle in front of the offending vehicle being driven by one Sunny Singh was hit; Sunny Singh sustained injuries; Pawan Kumar, Jitender Singh and Dev Karan all died on the spot.

(3.) Four claim petitions had been preferred under Section 166 of the Motor Vehicles Act (hereinafter referred to as the MV Act ); three by legal heirs/claimants of the deceased and the fourth claim petition had been preferred by the injured Sunny Singh himself.