Rejecting the argument that government vehicles are exempted from motor insurance, a Motor Accident Claims Tribunal (MACT) has directed the Delhi Jal Board to pay ₹14.67 lakh as compensation to the family of a woman who was killed by its uninsured tanker in 2014.
The woman was riding pillion on a two-wheeler when the offending vehicle hit it from behind, killing her on the spot.
DJB’s argument
The driver and the DJB opposed the compensation petition, arguing that the accident had taken place due to sole negligence of the driver of of the two-wheeler.
They also alleged that the two-wheeler was being driven by a minor.
Eyewitness
They further submitted that the tanker was not insured with any company as it was a government vehicle and exempted from insurance cover under Section 146(2) of the Motor Vehicles Act. The petitioners, however, proved the case for compensation by examining the driver of the two-wheeler as the eyewitness to the accident.
Testimony
“Nothing has appeared in the cross-examination of the eyewitness to discredit his testimony. In the said circumstances, it has been clearly proved beyond preponderance of probabilities that the accident was caused by the rash and negligent driving of the tanker driver by hitting the offending vehicle against the two-wheeler on which the deceased was travelling, thereby causing her death,” MACT Presiding Officer Amit Bansal said in his order.
“In view of the aforesaid discussion, and the material and evidence which has come on record, it is held that the petitioners have been able to prove on the basis of preponderance of probabilities that the deceased expired in a road accident caused due to rash and negligent driving by the driver of the tanker,” Mr. Bansal added.
“The tanker driver and the Delhi Jal Board are directed to deposit the award amount of ₹14,67,000 [jointly and severally] with interest at the rate of 9% per annum from the date of filing of petition till realisation within 30 days from today under intimation of deposition of the awarded amount to be given by them to the petitioners and their advocates failing which they shall be liable to pay interest at the rate 12% per annum,” the order added.
