Insurance firm told to pay Rs 54 lakh as compensation

The Motor Accident Claims Tribunal, Chandigarh, has directed the driver and owner of a truck and an insurance company to pay compensation of Rs 54.04 lakh along with interest at the rate of 7.5% per annum to a woman, Neem Kalan, whose husband had died in an accident four years ago.

In the claim petition filed through advocate Sunil Kumar Dixit under Section 166 of the the Motor Vehicle Act, 1988, Neem Kalan, a resident of Sector 15, Panchkula, said that on June 16, 2021, Tara Parsad Pandey was returning to Panchkula in the evening after meeting his friend at Sarakpur. He was on his bicycle on his way back home. Around 7 pm, when he reached near the toll plaza, Chandimandir, he was hit by a truck while taking an exit from the highway to the service lane. The truck trailer was being driven by the driver in a rash and negligent way.

She said that the deceased was serving as a peon in Haryana State Agricultural Marketing Board and was drawing Rs 32,000 per month as salary. The claimants were dependent on the income of the deceased and after his death, they were now without any means of livelihood.

On the other hand, the driver and owner of the truck trailer opposed the claim petition by alleging that a false FIR had been registered against the driver in order to get undue compensation and there was no fault of the driver. The insurance company also opposed the petition.

After hearing the arguments, the tribunal said that the copy of the driving licence of the driver showed that he was holding a valid driving license at the time of the accident and the vehicle was insured. No violation of the terms and conditions of the insurance policy has been proved, it said, and added that the insurance company could not escape its liability to pay the compensation.

The tribunal said that in view of this, the petitioners were awarded a compensation of Rs 54.04 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.