Hit by car in 2013, man gets ₹23 lakh compensation

Victim was hit while crossing road in north-west Delhi; he had demanded ₹35 lakh

A Motor Vehicle Claims Tribunal here has awarded a compensation of ₹23 lakh to a 28-year-old man who had suffered grievous injuries in a road accident while crossing the Rohtak Road divider in north-west Delhi in 2013.

On way home

The victim, Rohit, said in his petition that a car had hit him while crossing the road after getting down from a city bus at a bus stand. He was returning home after attending his classes at Pusa Institute. The victim was 24 at the time of the accident.

He had demanded a compensation of ₹35 lakh under different heads but the court decided it at ₹23.05 lakh.

“Considering the testimony of eye witnesses... and other witnesses examined by the petitioner as well as the Detailed Accident Report (DAR) filed by the police containing the documents i.e. challan under Section 173 Cr.PC; copy of FIR; original rukka; MLC; photographs; site plan; seizure memo of vehicle; seizure memo of driving licence; RC; insurance policy; mechanical inspection report of vehicle; expenses and medical bills of injured, it is clear that respondent no. 1 (driver of the vehicle) was driving the vehicle in a rash and negligent manner and caused injury to the petitioner in the accident,’’ Presiding Officer of the court at Tis Hazari courts said in the order.

“I award ₹23,05,360 as compensation with interest at the rate of 9% per annum, including interim award, if any from the date of filing the DAR i.e. 03/09/2013 till the notice under Order XXI Rule 1 is given by the insurance company, in favour of the petitioner and against the respondents on account of their liability being joint and several,’’ the Presiding Officer said. granting relief.

The insurance company, in its defence, said that the driver of the vehicle was not holding a valid licence but the court dismissed the argument.

‘Allegations not enough’

“The insurance company has failed to prove by lading cogent evidence that the license of the driver was fake as alleged by the insurance company. Mere allegation is no proof in the eyes of law,’’ the court said.