Delhi tribunal awards Rs 48.59 lakh to family of man killed in road accident

It further questioned liability by referring to a delay in the registration of the FIR.Rejecting the objections, the tribunal observed that the tractor itself was the cause of the accident.The tractor is the root cause of the accident which was insured...

A Delhi Motor Accident Claims Tribunal has awarded Rs 48.59 lakh compensation to the family of a man who died in a road accident in Uttar Pradesh, saying that the insurer of a tractor was liable for third-party deaths even if an attached trolley was not separately insured.

Presiding Officer Vikram was hearing the claim petition filed by the family of Yogendra Kumar, who died in a road accident in Bijnor district in January 2022.

In an order dated May 21, the court said, ''The evidence which has come on record, it is held that the rashness and negligence on the part of the driver of the offending vehicle, which is clearly visible.''.

According to the claim petition, Kumar was returning home in his car on January 25, 2022, when a tractor attached to a trolley allegedly hit his vehicle. He suffered serious injuries and was declared brought dead at a hospital.

The tribunal noted that the deceased was survived by his wife, two children and mother.

During the proceedings, the insurance company argued that the attached trolley was not covered under the policy and also contended that the driver possessed only a licence for a light motor vehicle. It further questioned liability by referring to a delay in the registration of the FIR.

Rejecting the objections, the tribunal observed that the tractor itself was the cause of the accident.

''The tractor is the root cause of the accident which was insured... The insurer of the tractor is liable for third-party deaths regardless of whether the attached trolley is separately insured or not,'' the tribunal said.

On the delay in registration of the FIR, the tribunal said it could not be attributed to the family members as they had ''lost their male earning member''.

The tribunal directed the insurance company to deposit Rs 48.59 lakh within 30 days.