A Motor Accident Claims Tribunal has awarded ₹9 lakh compensation to the family of a coconut vendor who died in a road accident in 2007.
The widow and their minor children had demanded a compensation of ₹30 lakh, stating that the victim was earning ₹15,000 per month by selling coconuts and driving an auto-rickshaw at the time of the accident. But the tribunal, after calculations under various heads, fixed it at ₹8,99,680.
A speeding truck driven in a rash and negligent manner had the hit the retail coconut vendor from behind when he, along with his brother, was going on a cycle-rickshaw. The victim later succumbed to injuries at a hospital.
Petition opposed
The driver and the owner opposed the petition for compensation submitting that the vehicle was not involved in the accident as claimed by the compensation claimants.
The insurance company, in its reply, said that the accident had occurred due to the rash and negligent act on the part of the deceased himself. However, presiding officer of the Tribunal, Amit Bansal, dismissed their arguments.
“In view of the... testimonies of the wife and brother of the deceased (the eye-witness to the accident) and criminal case record available on record, it is prima facie proved that the victim died as a result of injuries sustained in the accident in question due to rash and negligent driving of the driver while driving the offending vehicle,” Mr. Bansal said.
However, the court allowed the insurer to recover the compensation amount from the driver and the owner of the vehicle after paying it to the claimants as the driver was found to be holding a fake driving licence.
“The onus of proving that the deceased himself was guilty of negligence was on the insurance company. The insurance company has not led any evidence on that score... it stands proved that the accident was caused by negligent driving of the driver while driving the offending vehicle,” the Tribunal further said.
