RAGHAV SINGH Vs. DINESH KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the appellant, who was the Claimant in Claim Petition bearing No. 261/2016 titled Raghav Singh v. Dinesh Kumar and Anr. before the learned Motor Accidents Claims Tribunal, East District, Karkardooma Courts, Delhi (hereinafter referred to as the 'Tribunal'), challenging the Award dtd. 31/3/2018 (hereinafter referred to as the 'Impugned Award') passed by the learned Tribunal.

(2.) The wife of the appellant/claimant, that is, Smt. Prem Lata, aged 27 years (hereinafter referred to as the 'deceased') was employed as a Constable with the Uttar Pradesh Police. She died as a result of the injuries suffered by her in the motor vehicle accident that occurred on 27/7/2013 on the road leading to Shastri Nagar in front of PS Kavi Nagar, Ghaziabad, Uttar Pradesh, while she was riding pillion on the motorcycle being driven by her colleague, Constable Prashant Kumar, and while being on her way to the Traffic Police Office, Police Line, from PS Kavi Nagar. The accident was with a truck bearing No. UP-14AH9578 (hereinafter referred to as the 'Offending Vehicle') that came at a high speed from Hapur Chungi side and hit the motorcycle from behind, leading to the fall of the deceased and crushing the deceased under its tyre. At the time of the accident/death, the deceased was in the 8th month of pregnancy.

(3.) The learned Tribunal, by its Impugned Award, has held that the deceased died due to the negligent driving of the offending vehicle. For the award of compensation, the learned Tribunal determined the net salary of the deceased as Rs.17,052.00per month. The learned Tribunal, placing reliance on the judgment of this Court in Keith Rowe v. Prashant Sagar and Ors., Neutral Citation no. 2010:DHC:234, held that as the appellant herein is employed as a Constable in the Uttar Pradesh Police and is admittedly drawing a salary in the sum of Rs.19,500.00 per month, therefore, he was not financially dependent on the deceased and cannot seek loss of dependency, however, would be entitled to loss of estate, which was calculated as 1/3rd of the income of the deceased.