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Delhi tribunal awards Rs 25.25 lakh to family of truck driver killed in bus accident

LAW FINDER NEWS NETWORK | |

New Delhi, Oct 13 A Delhi Motor Accident Claims Tribunal has directed the Uttar Pradesh State Road Transport Corporation (UPSRTC) to pay Rs 25.25 lakh compensation to the family of a truck driver who was fatally hit by a bus while fixing a tyre puncture on the roadside in 2022.


Presiding Officer Vikram was hearing the claim petition filed by the family of the deceased truck driver and held that the bus driver was responsible for the accident due to his rash and negligent driving.


In an order dated October 10, the tribunal said, “It is held that the rashness and negligence on the part of the driver of the offending vehicle, which is clearly visible and, as such, was responsible not only for this accident, but also for everything that followed thereafter.”


The tribunal directed the UPSRTC to pay Rs 25.25, along with interest at 7.5 per cent per annum from November 23, 2023, the date of filing of the compensation petition, until realisation.


According to the order, the accident took place on April 28, 2022, near Uttam Sugar Mill, when Usman had parked his truck on the roadside to fix a punctured tyre.


A bus driven by Sumit Balyan hit him, causing grievous injuries. He was taken to a hospital in Roorkee and subsequently referred to a government hospital in Muzaffarnagar, where he was declared brought dead.


The tribunal relied on the testimony of an eyewitness, Sandeep, who ran a tyre puncture shop near the accident site and said he had seen the bus hit Usman while he was repairing the tyre.


It noted that the bus driver had admitted in his affidavit that the deceased was fixing the puncture, an admission that went against the defence that the accident occurred due to the truck driver's negligence.


The tribunal assessed the deceased's monthly income at Rs 11,743, based on the minimum wages for skilled workers in Uttar Pradesh and awarded a total of Rs 25.25 lakh compensation under various heads.


The tribunal held the UPSRTC liable to pay the amount as the bus was owned and operated by it and no insurance policy covering the vehicle on the date of the accident was on record.


It directed the corporation to deposit the award amount within 30 days, failing which it would have to pay interest at 10 per cent per annum for the period of delay.

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