The Delhi High Court in a recent case upheld the loss dependency calculated by the Motor Accidents Claims Tribunal(MACT) as every police person is entitled to 13 month’s annual salary as per the circular.
United India Insurance Co Ltd, the appellant challenged the Award passed by the Motor Accidents Claims Tribunal-02, Delhi (‘Tribunal’) in MAC Petition titled Smt. Sonia & Ors. v. Sh. Satish Kumar & Ors.
The Claim Petition was registered on the Detailed Accident Report (‘DAR’) filed by the police corresponding to the investigation carried out in FIR No. 1484/15 under Sections 279/304A Indian Penal Code, 1860 registered at PS Narela.
As per the DAR, on 21.11.2015, the deceased-Arun Kumar was going on his motorcycle and at about 1:15 pm, when he reached Singhu Border Road in front of the Deepak Apartments, Narela, Delhi, one Maruti Van bearing registration no. HR-55-L-6792 (‘Offending Vehicle’), which was being driven at high speed and in a rash and negligent manner, came and hit his motorcycle.
As a result of the accident, the deceased fell from his motorcycle and he and his motorcycle came under the Offending Vehicle. The deceased was rushed to the SRHC Hospital, Narela, Delhi, where he was medically examined and was declared as brought dead.
The Tribunal, by way of the Impugned Award, has held that the deceased sustained fatal injuries in the road accident due to the Offending Vehicle being driven in a rash and negligent manner. The Tribunal awarded Rs.69,56,000/- along with interest at the rate of 9% per annum with effect from the date of the filing of the petition, that is 28.01.2016, till the date of its realization, in favour of the Legal Representatives of the deceased.
The counsel for the Insurance Company further submitted that the Tribunal has also erred in considering the income of the deceased for 13 months instead of for 12 months for the determination of the loss of dependency.
The Tribunal has taken the income of the deceased for 13 months to determine the Loss of Dependency by relying on the statement of PW1, Head Constable Anil Kumar, who stated that every police personnel, including the deceased, is entitled to an annual salary of 13 months.
A Circular which shows that all the non-gazetted personnel of the Delhi Police get thirty days’ payment in addition to their yearly income subject to the conditions mentioned therein was produced before the court. It was argued that the deceased was entitled to and was getting the benefit of the Circular.
In light of the Circular, the single bench of Justice Navin Chawla has held that the loss of dependency has rightly been determined by the Tribunal based on the income of the deceased that he would have drawn for thirteen months. The Court rejected the challenge of the Insurance Company.
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