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2021 Supreme(Del) 1819

NAJMI WAZIRI
Bershadska Tetyana – Appellant
Versus
Surender Singh – Respondent


Advocates appeared:
Neha Garg, Advocate, Nitin Garg, Advocate, Mahender Yadav, Advocate, Devansh Gupta, Advocate

JUDGMENT

Najmi Waziri, J. - 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

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