A Motor Accident Claims Tribunal has awarded a compensation of ₹17.64 lakh to the family of a 40-year-old three-wheeler driver in a 2015 road accident death case.
The accident had happened while the three-wheeler driver was driving to Ghaziabad from Meerut with three passengers. One of the passengers also died in the mishap. The petitioners said a car coming from the other side had hit the three-wheeler head-on, resulting in the tempo hitting a tree and catching fire. The three-wheeler driver was burnt to death as his leg got pinned under the vehicle and he could not extricate himself.
The insurer of the vehicle denied its liability to pay compensation to the petitioners on the grounds that the car driver had a fake driving licence.
However, the tribunal dismissed the insurer’s contention as it found that the car driver had a valid driving licence. “The insurer cannot seek exoneration or recovery rights against the car driver. The insurer is liable to pay compensation to the petitioners,” the Tribunal said.
No evidence
The car driver preferred not to participate in the proceedings. The petitioners claimed that the victim earned ₹1,200 to ₹1,500 per day. However, they failed to provide any evidence to prove his income. Therefore, the Tribunal notionally assessed his income as ₹ 8,398 per month based on prevalent minimum wages payable to skilled workers in Uttar Pradesh.
