Delhi tribunal awards Rs 56.33-lakh compensation to family of 2019 accident victim

A Delhi motor accident claims tribunal has awarded Rs 56.33 lakh as compensation to the family of a 29-year-old man who died in a road accident in Noida in 2019, holding that the crash was caused due to rash and negligent driving of the offending vehicle.

A Delhi motor accident claims tribunal has awarded Rs 56.33 lakh as compensation to the family of a 29-year-old man who died in a road accident in Noida in 2019, holding that the crash was caused due to rash and negligent driving of the offending vehicle. Presiding Officer Vikram was hearing a claim petition filed by the wife, two children, and elderly parents of the deceased, Dileep Kumar. On January 15, 2019, Kumar was travelling in a car with a friend when a truck allegedly overtook their vehicle at high speed before applying sudden brakes near the Birawar Turn on Kasganj Road in Noida, causing the car to ram into it from behind. When rushed to the Community Health Centre, Sikandra Rao, Kumar was declared brought dead. The tribunal, in an order dated January 12, held that rashness and negligence on the part of the truck driver was responsible for the accident. The insurance company rebutted, saying the accident was not caused due to negligence of the truck driver, but that of the deceased, as he hit the truck from behind. However, the tribunal noted that since the incident had been admitted by both driver and owner of the offending vehicle, it was incumbent upon the truck driver to contradict the manner of the accident and demonstrate that it was not his fault. The tribunal drew an adverse inference against the driver of the truck as he failed to rebut the allegations. Noting that all the claimants were dependent on the deceased, the tribunal awarded Rs 56.33 lakh as compensation under various heads, including Rs 53.55 lakh for loss of dependency. Since the offending truck was insured at the time of the accident and proved no statutory defence, the tribunal held the vehicle insurer, HDFC ERGO General Insurance Co Ltd, liable to pay the full compensation amount.

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