BERSHADSKA TETYANA Vs. SURENDER SINGH

JUDGEMENT

(1.) The claimants' appeal: MAC. APP. 491/2013, impugns part of the award of compensation dated 21.03.2013 passed by the learned MACT in the claim petition numbered MACT No. 85/11/10. The claimants are the widow and two sons of Mr. Mykhailo Ivanovych Bershadskyi, who suffered fatal injuries in a road accident on 01.06.2008. He was taking out his luggage from a bus bearing registration no. DL1 PC0624, opposite Departure Gate No.3, Terminal-2, IGI Airport, New Delhi, when another bus bearing no. DL1 PB 7962, struck the bus of the deceased from the rear side with immense force, causing the deceased suffered multiple grievous injuries. He was rushed to Indian Spinal Injuries Centre but succumbed to injuries on the way. A post-mortem report was filed.

(2.) The bus was driven by R-1 in MAC. APP. 491/2013, in a rash and negligent manner; it was moving at a high speed and in total contravention of traffic rules and regulations. The accident occurred due to the complete negligence of R-1 and no fault was attributed to the deceased. He was homeward bound: preparing to take a flight to his native city, Kiev, Ukraine. His date of birth being 28.07.1951, he was 56 years young. He is stated to have been the Head of Board of a joint stock company called MAVT. He was also a Physical Person Entrepreneur ("PPE"). He was drawing a salary from the former, while from the latter, he was earning on the basis of his experience and profile as a former army-man in the Ukrainian army.

(3.) Pw1 Satish Kumar, a helper for M/s Panicker Travels, which owned the bus from which the deceased was taking out his luggage, had deposed as an eye witness to the fatal accident in terms of the above. He deposed that he and two-three foreigners also had sustained injuries. His deposition withstood the cross-examination on behalf of the insurer of vehicle. PW2 the son of the deceased deposed about the earning of their father and promise he held for future earnings as a PPE. He had filed certified copies of financial records, business agreements, educational qualifications and certificates, extending to 157 different documents, including the FIR, Chargesheet and Post Mortem Report, in support of the claim.