Holding both vehicles responsible for an accident in which a former NDTV employee was killed in 2005, the Delhi High Court on Tuesday upheld a compensation of Rs. 27 lakh to the victim’s family awarded by a Motor Accident Claims Tribunal here.
The victim, Rishabh Jha, was travelling along with the wife of film star Govinda and their children in a Toyota Qualis. They were travelling from Jaipur to Ajmer while the other vehicle, a truck, was coming from the opposite direction.
Both the insurance companies and the victim’s family had moved the Court against the Tribunal order awarding a compensation of Rs.27.6 lakh in favour of the claimants along with interest at the rate of 8 per cent per annum from the date of filing of the petition till realisation.
Both the parties argued that the Tribunal had failed in computing the compensation by taking the monthly income of the deceased as Rs.20,000 without any basis.
However, the Court dismissed the contentions of both the parties, saying that the Tribunal had rightly assessed the monthly income of the deceased to the extent of Rs.20,000 per month. The vehicles’ drivers and the insurance companies, with which both the vehicles were insured, had sought exoneration from the liability for the accident, blaming each other for the accident. However, the Tribunal had held both the vehicles equally liable for it.
The Tribunal had held “… both the drivers were coming at a fast speed and could not control their vehicles when it was required most, and as such they collided with each other which inter alia means that they both were driving their respective vehicles in rash and negligent manner.’’
Upholding this order, Justice Suresh Kait said: “The learned Tribunal after going through the facts and circumstances of the case has rightly apportioned 50 per cent liability on the appellants by establishing that the accident in question was in consequence of contributory negligence.’’
The court held both vehicles responsible for an accident in which a former NDTV employee was killed in 2005