Proving accident enough for MACT claim: Uttarakhand HC

Nainital, Sep 9 (PTI) The Uttarakhand High Court has said merely proving accident was sufficient and it was not necessary to establish the driver’s negligence in a road accident case as it issued significant directions.

Justice Alok Mahra dismissed the appeal filed by the insurance company and upheld the compensation awarded to the family of a road accident victim.

On June 13, 2016, Harpreet Singh alias Happy was riding on a two-wheeler with his friend Gaurav as pillion in Kaladhungi when a car from the opposite direction rammed into their vehicle injuring the duo.

Harpreet later succumbed to injuries during treatment.

His mother, Rajinder Kaur, filed a compensation petition before the Motor Accident Claims Tribunal (MACT) in Nainital.

On 29 July 2019, the tribunal awarded ₹5.74 lakh as compensation to the family.

The insurance company, New India Assurance, challenged the award and argued the FIR was lodged 21 days after the accident besides the driver lacked necessary documents and the police had filed a final report which was accepted by the magistrate.

The victim's family, however, referred to the Supreme Court's directive, contending under Section 163A (dealing with payment of compensation on structured formula basis) of the Motor Vehicles Act, negligence need not be proved.

Accepting this argument, the high court upheld the MACT order and dismissed the insurance company’s appeal. PTI Cor ALM ALM AMK AMK