A Motor Accident Claims Tribunal has awarded a compensation of ₹65.22 lakh to the family of a 27-year-old youth who died on the spot after being knocked down by a canter on the Yamuna Expressway in 2013.
The victim, identified as Raj Kumar was driving a motorcycle, while another was pillion on it. They were travelling to Jewar from Delhi when the canter hit them from behind and they fell down. While Kumar died on the spot, the pillion rider sustained serious injuries.
Kin demanded ₹1 crore
Kumar’s family had demanded a compensation of ₹1 crore.
However, the tribunal fixed it at ₹65.22 lakh, noting that the deceased earned a monthly salary of ₹21,000. He worked with a charitable society.
The driver and the owner of the offending vehicle, however, opposed the claim and submitted that the accident had taken place due to negligence on part of the victim.
However, Presiding Officer of the tribunal, S.S. Malhotra rejected their plea.
“Apart from deposition of prosecution witnesses, the fact that victim suffered fatal injuries in the accident is also supported by his medical record i.e. post-mortem, etc. Considering all these, it stands proved that accident in question occurred due to rash or negligent driving by the driver of offending vehicle and the respondents have failed to prove that there were any contributory negligence on the part of deceased who suffered fatal injuries in that accident,” Mr. Malhotra said.
“Petition in hand is allowed. Cholamandalam MS General Insurance Co. Ltd., the insurer of the offending vehicle, is directed to pay ₹65,22,000 to the petitioner, failing which it shall be liable to pay interest at the rate of 9% on the amount of ₹45,68,200 from 21.07.2018 apart from awarded amount of ₹ 65,22,000,” Mr. Malhotra also said.