Insurance firm, driver, car owner told to pay Rs 18.34L

The Motor Accident Claims Tribunal, Chandigarh, has directed an insurance company, the driver of the car and its owner to pay compensation of Rs 18.34 lakh to the wife and two minor children of Kuldeep Singh, who had died in an accident 9 years ago.

Seema Devi, a resident of a village in Ambala district, in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, said that on April 18, 2016, her husband Kuldeep after closing his canteen was going towards his village from a factory in Shahbad in his car. He was driving on the left side of the road at moderate speed. Around 7.30 pm, when Kuldeep reached near Kesri Phatak on Kesri Bihta road, a car being driven at very high speed in a rash and negligent manner by the driver coming from Bihta side hit Kuldeep’s car.

Due to the impact, Kuldeep lost control over the car and it rammed into a tree. The driver fled the spot, leaving behind Kuldeep with multiple serious injuries. Later, he was taken to General Hospital, Ambala Cantt, where he succumbed to his injuries.

The accident took place due to the negligence of the driver of the car, the petition stated. An FIR dated April 22, 2016, under Section 279, 337 and 304-A of the IPC was registered at Saha police station.

Seema said that her husband was about 28 years old and was running a canteen in a factory on contract basis and was also running a milk dairy in the village. He was earning more than Rs 30,000 from both works. She said all claimants were solely dependent on the income of the deceased. The proceedings against driver and owner was carried out ex parte.

On the other hand, the insurance company resisted the claim petition on the grounds that the driver was not having a valid driving licence on the date of accident and thus violated the terms and conditions of the insurance company.

After hearing the arguments, the tribunal held that all respondents — driver, owner and insurance company — were jointly and severally liable to pay the compensation of Rs 18.34 lakh along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of realisation.