Tribunal Awards Rs 13.26 Lakh Compensation to Road Accident Victims
Get latest articles and stories on India at LatestLY. A motor accident claims tribunal here has awarded a total compensation of Rs 13.26 lakh to a woman and her daughter, observing that the insurance company could not escape its liability to pay compensation on the ground that the driver of the vehicle did not possess a valid driving licence.
New Delhi, Nov 8 (PTI) A motor accident claims tribunal here has awarded a total compensation of Rs 13.26 lakh to a woman and her daughter, observing that the insurance company could not escape its liability to pay compensation on the ground that the driver of the vehicle did not possess a valid driving licence.
The tribunal was hearing two detailed accident reports (DARs) regarding the injuries sustained by Afsana and her daughter Chandani in an accident on May 15, 2017 in Narela in northwest Delhi.
According to the reports filed by police, the duo were travelling in an e-rickshaw, which hit a culvert, resulting in grievous injuries to Afsana and simple injuries to Chandani.
The tribunal awarded Rs 12.96 lakh in favour of the injured Afsana and a notional compensation of Rs 30,000 to Chandani with an interest rate of 9 per cent from the date of filing the petition on August 31, 2017, till its realisation.
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"It is hereby further clarified that respondent number 3 (Oriental Insurance Company Ltd) is liable to pay the aforesaid compensation to the petitioners, with a right to recover the same from respondents number 1 (driver Vicky Kumar) and 2 (vehicle owner Haseena Begam) jointly and severally thereafter," presiding officer Vinod Yadav said in a recent order.
The tribunal, however, said the petitioners would not be entitled to interest on the compensation from February 19, 2020 to July 26, 2022 because of their “lackadaisical attitude” in leading prosecution evidence.
Rejecting the claim of the insurance company that it was not liable to pay any claim to the injured as the driver's non-possession of a valid driving licence breached the terms of the policy, the tribunal said that according to the Supreme Court, the insurer had to indemnify the compensation amount to the third party and it could recover the same from the insured.
"The upshot of the settled legal position on the issue aforesaid is that respondent number 3 or the insurance company cannot shake off its liability to pay compensation merely by taking the plea that at the relevant point of time, the offending vehicle was being driven by a person having no driving licence," the presiding officer said.
Noting the evidence of both the injured, the tribunal said that the accident occurred because of the rashness and negligence of the driver.
Further, the tribunal said that for a claim petition under the Motor Vehicles Act, the proof to establish rash and negligent driving was not at par with a criminal case where rashness and negligence were required to be proved beyond all shadow of reasonable doubt.
Both the witnesses were thoroughly cross-examined on behalf of the insurance company, in which they firmly stood to their claim that the accident took place solely because of the rash and negligent driving by the driver, the tribunal said.
Noting that Afsana, who along with her daughter was working as a daily wage worker in a factory, had suffered fractures in both bones of her left leg as well as dislocation of the shoulder, the tribunal awarded her compensation for loss of income, pain and sufferings, loss of general amenities and enjoyment of life, conveyance, special diet and attendant charges and loss of future income.
The Narela police station had registered an FIR regarding the accident under sections 279 (rash driving or riding in a public way) 337 (causing hurt by act endangering life or personal safety of others) and 338 (causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code.
During the investigation, police found the driver was not carrying a valid driving licence.
Subsequently, police filed DARs, which after the court's order, were treated as claim petitions under the Motor Vehicles Act.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)