New Delhi, Jul 21 A Delhi Motor Accident Claims Tribunal has awarded Rs 47.93 lakh as compensation to the family of a 24-year-old man who died in a motorcycle accident in 2022, saying the crash was caused by the rash and negligent driving of the rider.
Presiding Officer Manish Sharma directed HDFC ERGO Insurance Company Ltd, the insurer of the motorcycle, to pay Rs 47.93 lakh along with 9 per cent annual interest from the date of filing of the claim petition till its realisation.
In an order dated July 16, the tribunal said, “This tribunal is constrained to hold respondent no. 1 (motorcycle rider) guilty of gross neglect and default in driving the offending vehicle at the relevant time leading to the death of deceased”.
According to the tribunal, Vikash Kumar died after the motorcycle on which he was travelling with two friends hit a railing on the Dharampura red light flyover in the Seelampur area on August 12, 2022.
The tribunal relied on the testimony of eyewitness Sunny, who was travelling on the motorcycle, and held that the rider, Rahul Kumar, was driving rashly at high speed and lost control of the vehicle.
It rejected the defence claim that the accident occurred because the two pillion riders were disturbing the rider, and noted that Rahul Kumar had not entered the witness box to explain the circumstances in which the motorcycle hit the railing.
"In the absence of any averment or evidence regarding any mechanical defect in the offending vehicle or any material depicting any negligent act or omission on the part of the deceased, the only inference possible is that of neglect and default on the part of respondent no. 1," the tribunal said.
It also noted that Rahul Kumar had been chargesheeted in the FIR registered in connection with the accident, which corroborated the eyewitness account.
Since no documentary proof of Vikash Kumar's income was produced, the tribunal assessed his monthly income at Rs 20,019 on the basis of the minimum wages applicable to a skilled worker in Delhi in August 2022.
The tribunal directed the insurer to deposit the award amount within 30 days, failing which it would have to pay interest at 12 per cent per annum for the period of delay.
