A Motor Accident Claims Tribunal has awarded a compensation of ₹44.29 lakh to a 20-year-old man in a road accident case.
The victim had suffered 80% permanent disability as his right leg had to be amputated from above the knee. He had suffered grievous injuries in 2014 after a truck coming from the wrong side hit his motorcycle on which he was riding pillion on the way back to his village.
The Tribunal directed the offending vehicle’s insurance company to pay ₹44.29 lakh to the victim. The driver and the owner of the vehicle did not appear before the court, therefore, the court proceeded against against them ex-parte.
The insurance company in its argument said that the accident had taken place due to the contributory negligence of the victim and that there was a delay of 11 days in lodging an FIR in the accident.
“In support of his allegations, the petitioner filed his own affidavit by way of evidence. He was duly cross examined by counsel for the insurance company. In rebuttal, neither the driver nor the owner or the insurance company led any evidence...the police filed a charge-sheet against the driver, and this in itself is proof of negligence of the driver,” the Tribunal said.
“The above is sufficient to conclude that preponderance of probability is made out showing negligence of respondent no.1 ( truck driver)...,” Presiding Officer of the Tribunal Rajeev Bansal said.
