A Motor Accident Claims Tribunal here on Friday granted a compensation of ₹62.63 lakh to the wife, children and parents of a 41-year-old Delhi police constable who was killed in a road accident in Haryana in 2012.
The victim’s family will also get an interest at the rate of 9% per annum on the total compensation amount from the date of filing of the claim petition till the payment is made.
The constable’s wife had sought ₹40 lakh compensation on the grounds that his husband’s monthly salary at the time of the accident was ₹28,000. However, during the trial, a head constable of the Accounts Branch of the police deposed that the victim was drawing a salary of ₹32,130 per month, which led to an increase in the compensation.
According to the claim petition, a speeding truck had hit the victim from behind when he was walking along with his relatives to a nearby place.
The claimants proved the negligence and rashness on the part of the truck driver, among other things, on the basis of an eyewitness account who was walking along with the victim.
The insurance company opposed the claim amount sought, submitting that it was exorbitant. It further said that it was not liable to pay compensation as the owner of the insured vehicle had committed breach of terms of the policy.
Allowing the plea, the tribunal said that the insurance company had the right to recover the compensation amount from the driver and the owner of the offending vehicle as the driver was not carrying a valid licence at the time of the accident.
“...Thus, having regard to the fact and circumstances of the present case, an award for a sum of ₹62,63,000 payable by the New India Assurance Company limited [with which the truck was insured] along with interest at the rate of 9% per annum from the date of filing of the petition, i.e 18.2.2013 till realisation is passed in favour of the petitioners and against the respondents,” Presiding Officer of the tribunal, Paramjit Singh said.
