Firm told to pay Rs 14 lakh to mishap victim’s kin
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Take your experience further with Premium access. Thought-provoking Opinions, Expert Analysis, In-depth Insights and other Member Only BenefitsThe Motor Accident Claims Tribunal, Chandigarh, has directed driver, owner of a tractor and an insurance company to pay compensation of Rs 14,54,650, along with interest at the rate of 7.5% per annum, to a woman, her minor son and her father-in-law on account of death of her husband in an accident four years ago.
In her petition, Sukhwinder Kaur, a resident of Chholi, Basatiawala, Bilaspur tehil, Yamunanagar district, said on December 5, 2021, her husband Joginder Singh and another villager, Surjeet, were going to Panchmukhi Hanuman Mandir on foot. Joginder Singh was going a little ahead of Surjeet. When they reached near saw machine on Chhroli to Bilaspur Road, a tractor being driven at a high-speed hit Joginder Singh from rear. Due to the impact, Joginder fell down on the road and received multiple injuries.
The tractor driver sped away. The injured was taken to Civil Hospital, Bilaspur, from where he was shifted to Civil Hospital, Jagadhri. Later, he succumbed to his injuries. An FIR under Sections 279 and 304-A of the IPC was registered in Police Station, Bilaspur, against the driver of the tractor.
Sukhwinder said her husband was 32-year-old at the time of his death and was working as a wood contractor. He was earning Rs 50,000 per month and was sole breadwinner of the family. The claimants sought compensation to the tune of Rs 50,00,000 along with interest. The tractor driver denied the allegations and claimed that no accident took place with his vehicle. A false case has been registered against him, he claimed.
The insurance company, in its separate written statement besides taking preliminary objections on the grounds of non-maintainability, taking false pleas etc, resisted the claim petition on the ground that no accident took place with the vehicle. After hearing of the arguments, the tribunal ruled in favour of the claimants. The respondents — driver, owner of the tractor and insurance company — are jointly and severally liable to pay the compensation amount and the insurance company shall be liable to indemnify the insured, the tribunal said.