A Motor Accident Claims Tribunal has awarded compensation of ₹16.92 lakh to the wife and two children of a 35-year-old who was killed in an accident in 2015.
A car had hit the victim’s scooter from behind, causing his death on the spot in west Delhi’s Rajouri Garden.
The rash and negligent act on the car driver’s part was proved on deposition by an eyewitness to the accident.
‘Falsely implicated’
The driver and owner of the car opposed the claim petition, submitting that they had been falsely implicated as they were not connected with the offending vehicle. Hence, no liability can be fastened upon them.
But the court dismissed their arguments.
“The testimony of Vijay Yadav [eyewitness] is not only reliable but also inspires confidence. Moreover, site plan annexed with the detail accident report confirms his presence at the spot as same bears his signatures. The mechanical inspection report of the offending vehiclealso substantiates the version of Vijay Yadav as it was found freshly damaged from the front,” said presiding officer of the Tribunal, Hemani Malhotra.
‘Failed to cross-examine’
“Hence, the version of Vijay Yadav cannot be disputed, more so, because the driver and owner of the vehicle failed to cross-examine him. Hence, it is established that the car driver, Manpreet Singh, was rash and negligent while driving the offending vehicle,” the judge added.
Though the victim’s wife claimed her husband was a permanent employee with a private company on a monthly salary of ₹15,000, the tribunal calculated the compensation on the basis of monthly income of ₹9,048 of an unskilled worker in Delhi at the time of the accident as her claims were not proved.
Entitled to interest
“I award an amount of ₹16,92,000 as compensation to the petitioners. They are also entitled to interest at the rate of 9% per annum from the date of filing of claim petition, i.e., 14.10.2015 till realisation,” the presiding officer said.
