LAWS(DLH)-2017-8-299

UOI Vs. KRISHAN KUMAR

Decided On August 01, 2017
UOI Appellant
V/S
KRISHAN KUMAR Respondents

JUDGEMENT

(1.) The appellant has challenged the award dated 11th August, 2008 of the Claims Tribunal whereby compensation of Rs. 17,68,000/- has been awarded to the respondent.

(2.) On 22nd July, 2005, Deepti Yadav was going from Lady Harding Medical College to Kapashera on Motor Cycle No.DL-4 SAY-0448 being driven by Ashok Kumar. When the motor cycle reached Sardar Patel Marg near Taj Hotel, Chanakyapuri, New Delhi, it was hit by a Military truck bearing no. 02D-150276Y from the back side which resulted in fatal injuries to Deepti Yadav and grievous injuries to Ashok Kumar, driver of the motor cycle and Mukesh sitting on the pillion. Three separate claim petitions were filed before the Motor Accident Claims Tribunal which resulted in the common award.

(3.) Deepti Yadav was aged 25 years at the time of the accident and was survived by his husband who filed the claim petition before the Claims Tribunal. The deceased was a registered nurse with Delhi Nursing Council and was earlier working with Sunder Lal Jain Charitable Hospital Ashok Vihar, Phase III, Delhi 110052. She was scheduled to join Dr. Badhwar Nursing Home and Fracture Centre, B-25 Nazafgarh Road, Uttam Nagar, New Delhi w.e.f. 1st August, 2005 at a monthly salary of Rs. 8,000/- per month. The Claims Tribunal took the income of the deceased as Rs. 8,000/-, added 50% towards future prospects, deducted 1/3rd towards personal expenses and applied the multiplier of 18 to compute the loss of dependency as Rs. 17,28,000/-. The Claims Tribunal awarded Rs. 25,000/- towards loss of estate and consortium and Rs. 15,000/- towards funeral expenses. The total compensation awarded is Rs. 17,68,000/-.