₹1 crore to parents of IIT student who died in road mishap


Petitioner had alleged rash and negligent driving led to the car accident, killing four students

A Motor Accident Claims Tribunal has awarded a compensation of ₹1 crore to the parents of a 23-year-old IIT-Delhi student who died in a road accident in Rajasthan in 2014.

The victim had gone on a trip to Jaisalmer with five friends from his college. Their vehicle overturned and rolled over several times before stopping about 65 feet away. The accident claimed lives of four students.

The petitioners had demanded ₹3.16 crore as compensation submitting that a private company had recruited the victim on a gross salary of ₹25 lakh for three years.

They further submitted that the vehicle had met with the accident due to rash and negligent driving on the part of the driver.

The Tribunal decided the compensation amount by fixing the victim’s salary at ₹7.47 lakh per year after deducting income tax.

Driver held responsible

It held the driver responsible for the accident on the basis of the accident report filed by the police and the eyewitness account given by one of the students who was present in the vehicle.

The vehicle’s driver, in his defence, submitted that it had turned turtle after one of the tyres burst. The tribunal, however, rejected it as he could not specifically say which tyre had burst.

The insurance company’s plea was that “the owner was misusing a private vehicle for commercial purposes” and therefore, it had no liability to pay the compensation.

The Presiding Officer of the tribunal, Vivek Kumar Gulia, dismissed the allegation saying: “The insurance company failed to bring on record convincing evidence to show that offending vehicle was being used for commercial purpose in violation of the terms and condition of the insurance policy.”

“This tribunal awards a total compensation of ₹1,02,35,000 along with interest of 9% per annum from the date of filing of the petition till the date of realisation. The insurer shall deposit the amount with the Tribunal within 30 days of the judgment,” Mr. Gulia ordered.

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Printable version | Dec 12, 2019 7:41:48 PM |

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