New Delhi, Sep 20 A Delhi Motor Accident Claims Tribunal has awarded Rs 51.45 lakh in compensation to the wife, four minor children and parents of a 30-year-old man who died in a road accident in Uttar Pradesh in 2022.
Presiding officer Virender Singh was hearing a claim petition filed by the family of Shaukin, who lost his life after a car hit his tempo, and directed IFFCO Tokio General Insurance Company, the insurer of the offending vehicle to pay the compensation.
In an order dated September 15, the Tribunal said "The deceased Shaukin suffered fatal injuries on account of neglect and default of R-1 while driving the offending vehicle at the relevant time. The issue at hand is thus decided against the respondents and in favour of the petitioners."
It said the deceased, suffered fatal injuries due to the "gross neglect and default" of the driver of the offending vehicle.
According to the Tribunal, Shaukin was travelling as a passenger in a tempo from Baraut to his village Sultanpur, Hatana, on April 11, 2022, when the car driven at high speed and on the wrong side of the road collided head-on with the vehicle in Baghpat district.
Shaukin suffered fatal injuries in the collision and died while being taken to hospital.
The Tribunal rejected the insurance company's claim that the deceased was himself driving the tempo and was 50 per cent responsible for the accident.
It relied on the testimony of an eyewitness, Naveen, the FIR, site plan, postmortem report and other records to conclude that the accident occurred due to the rash and negligent driving of Neeraj Panchal, the driver of the car.
The Tribunal also noted that the driver did not enter the witness box to explain how the accident occurred.
For calculating the compensation, the Tibunal accepted that Shaukin was working as a supervisor with Sahiba Creations India Pvt Ltd and was earning Rs 19,500 per month at the time of his death.
It added 50 per cent towards future prospects and deducted one-fifth of his income towards personal expenses, considering that his wife, four minor children and parents were dependent on him.
The Tribunal awarded Rs 51.45 lakh compensation to the family under various heads and directed the insurance company to deposit the amount within 30 days, failing which it would have to pay interest at 12 per cent per annum for the period of delay.
