New Delhi, Jul 18 A Delhi Motor Accident Claims Tribunal has awarded Rs 32.12 lakh as compensation to the father of a man who died in a road accident in north Delhi in 2019, saying that the crash occurred due to the rash and negligent driving of a motorcycle.
Presiding Officer Richa Manchanda was hearing the claim petition filed by the father of deceased Nepal Singh and directed the insurance company to pay the compensation to the claimant within 30 days.
In an order dated July 10, the tribunal said, "In view of the aforesaid discussion and the evidence which has come on record, it is held that the petitioners have been able to prove on the basis of preponderance of probabilities that deceased Nepal Singh had sustained fatal injuries in road accident which took place due to rash and negligent driving of Suraj."
According to the tribunal, the accident took place on March 10, 2019, when the deceased was riding pillion on a motorcycle and hit a road divider, causing all three occupants to fall.
The victim suffered fatal head injuries after striking a tree and was declared dead at a hospital. An FIR was registered and the police later filed a chargesheet against the rider.
The tribunal relied on the eyewitness account, police records and the chargesheet to conclude that the accident was caused by the negligent driving of the motorcycle.
It rejected the contention of the insurance company that it was not liable to pay compensation because the rider allegedly did not possess a valid driving licence at the time of the accident.
However, the tribunal granted the insurer recovery rights, allowing it to recover the award amount from the driver and the owner after making payment to the claimant.
While computing the compensation, the tribunal assessed the loss of dependency and awarded amounts under conventional heads, including loss of consortium and funeral expenses, taking the total compensation to Rs 32.12 lakh.
It also awarded interest on the amount and directed that a part of the compensation be kept in fixed deposits for the claimant's financial security.
