New Delhi, Nov 24 (PTI) A motor accident claims tribunal (MACT) here has awarded over Rs 35 lakh as compensation to the family of a 21-year-old man who died after the scooter he was riding pillion on crashed into a metro pillar in 2022.
Presiding Officer Gunjan Gupta was hearing a petition filed by the family of deceased, Rahul.
The accident took place on June 15, 2022, near metro pillar No. 260 on main Rohtak road when the scooter being driven by offending driver Rohan hit the pillar, causing fatal injuries to both him and pillion rider Rahul. In a judgment dated November 18, the tribunal said, “The claimants have successfully proved on a scale of preponderance of probabilities that the deceased sustained fatal injuries in road accident at the detailed time and place due to rash and negligent driving of offending vehicle.” The tribunal said the mother, minor brother and unmarried sister of the deceased were financially dependent on Rahul, who was working in the unorganised sector. In the absence of proof of income, the court assessed his earnings on the basis of Delhi’s minimum wages.
The tribunal awarded over Rs 35.11 lakh as compensation under various heads.
The tribunal rejected the insurer’s argument that it was not liable to pay the compensation because the rider allegedly did not possess a valid driving licence. However, a permanent and verified license was specified in the Interim Accident Report as well as in the driver’s forms.
It noted that the insurer failed to prove the plea, had not examined the investigating officer, and that the charge sheet did not mention any violation of Section 3/181 of the Motor Vehicles Act and thus, the insurer was held liable to pay the full compensation amount to the family members. PTI MDB SJK SJK DV DV
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