A Motor Accident Claims Tribunal on Wednesday awarded a compensation of ₹18.97 lakh to the wife and four children of a DTC bus conductor who was killed after being hit by a car in north-west Delhi’s Najafgarh in 2015.
Evidence by an eyewitness, who was returning from work at the time of the incident, proved that the man on the wheels was at fault. The victim was walking when the accident happened.
The witness stood her ground even when she was cross-examined by the counsel for the insurance company with which the offending vehicle was insured.
The driver and the owner of the car opposed the claim petition stating that the detailed accident report filed by the police was false and aimed at harassing them.
Claiming that the vehicle was not involved in the accident, they urged the court to dismiss the claim petition filed by the wife and the children of the deceased.
The insurance company also opposed the claim plea. Its counsel argued that the victim had sustained the injuries due to falling on the road in an intoxicated condition.
The tribunal’s Presiding Officer, however, dismissed their arguments. “Having regard to the fact and circumstances of the present case, it is evident that deceased Suresh sustained fatal injuries and died in a motor vehicle accident dated 20.11.2015 due to rash or negligent driving of vehicle DL 8CT 3439 which was being driven by Sanjay, owned by Dinesh Kumar and insured with Bharti AXA General Insurance Company Ltd.,” he said.
“An award for a sum of ₹18.97 lakh along with interest at the rate of 9% p.a. from the date of filing of the petition, i.e 24.10.2016, till realisation is passed in favour of the petitioners and against the respondents. The compensation amount shall be payable by Bharti AXA General Insurance Company Ltd., to the petitioners,” Mr. Singh said.
