New Delhi, Jul 25 A Motor Accident Claims Tribunal here has awarded Rs 52.86 lakh in compensation to the family of a 29-year-old contractor who died in a road accident in 2019.
Presiding Officer Abhilash Malhotra was hearing a claim petition filed by the family members of the victim, Monu.
According to the petition, Monu was riding a two-wheeler on December 1, 2019, when a car, allegedly being driven rashly and on the wrong side of the road, hit his vehicle. He succumbed to injuries during treatment at a hospital the next day.
In its July 22 order, the tribunal held that the accident occurred due to the "rash and negligent driving" of the offending vehicle, which was being driven in a zig-zag manner at high speed.
"It stands proved on the touchstone of preponderance of probabilities that the aforesaid accident took place due to rash and negligent driving of the transgressing/offending vehicle... coming from the wrong side of the road at high speed," the tribunal said.
It directed National Insurance Company Ltd, the insurer of the car, to pay around Rs 52.86 lakh as compensation, along with interest at 9 per cent per annum from the date of filing of the claim petition in August 2020.
During the proceedings, the driver and owner of the car contested the claim, alleging that their vehicle had been falsely implicated and pointing to the delay in registration of the FIR.
The tribunal, however, rejected the arguments, saying the driver did not enter the witness box to provide his version of the events or refute the allegations.
It said the delay in filing the FIR was justified as the family was occupied with the victim's treatment and final rites.
"Merely because the FIR was not registered on the same date does not belie the occurrence of the accident, especially in the light of the medical record and the testimony of the witnesses," the tribunal said.
It directed the insurance company to deposit the award amount within 30 days.
The tribunal ordered that a substantial portion of the compensation payable to the victim's wife and minor children be invested in fixed deposits in a phased manner to secure their long-term financial future.
