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Delhi tribunal awards Rs 16.73 lakh to family of man killed in 2017 road accident

LAW FINDER NEWS NETWORK |

New Delhi, Jul 26 A Delhi Motor Accident Claims Tribunal awarded Rs 16.73 lakh compensation to the family of a 45-year-old fruit seller who died after an SUV hit him in Uttar Pradesh’s Baghpat district in 2017.


Presiding Officer Richa Manchanda found the driver of the offending car negligent and directed National Insurance Company Ltd to pay compensation with 7.5 per cent annual interest.


In the July 16 order, the tribunal said, "The petitioners have proven, based on a preponderance of probabilities, that the deceased Rahisu sustained fatal injuries in the road accident caused by the rash and negligent driving of respondent number 1, the driver of the offending vehicle."


According to the petition, Rahisu was on his way to Azadpur Mandi to sell fruits on May 2, 2017, when the car allegedly hit him. He suffered multiple injuries and died during treatment at the hospital four days later.


The tribunal rejected the insurance company's objection regarding the 81-day delay in registering the FIR, observing that the lapse was attributable to the investigating agency and could not deprive the victim's family of compensation.


It also relied on an eyewitness testimony and the charge sheet to hold the driver responsible for the accident.


Since there was no documentary proof of the deceased's income, the tribunal assessed his earnings based on Uttar Pradesh minimum wages for an unskilled worker and awarded over Rs 12.43 lakh for loss of dependency.


The tribunal held the insurer liable to satisfy the award as the vehicle was duly insured and the driver possessed a valid driving licence at the time of the accident.

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