MACT gives Rs 54.87-lakh relief to parents of road accident victim
Ramkrishan Upadhyay
Chandigarh, June 28
The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed an insurance company and the owner of a motorcycle to pay Rs 54,87,900 to the parents of a 27-year-old person, Major Singh, who died in an accident two years ago.
Claimants Kuldeep Kaur, mother, and Surinder Singh, father, residents of Bhedwal, Rajpura tehsil, Patiala district, Punjab, filed a claim petition under section 166 of the Motor Vehicle Act, 1988, through advocate Ashwani Arora.
The claimants said their son Major Singh was going from Zirakpur to Damanheri village, Rajpura, around 5 pm on May 26, 2021. He was riding pillion on a motorcycle being driven by their another son Varinder Singh.
They alleged that Varinder was riding the bike at a fast speed and in a rash and negligent manner. When they reached in front of Lucky Furniture, Zirakpur, a car was parked on the left side of the road. Instead of waiting for traffic to clear, Varinder crossed the parked car and came in the middle of the road. As a result, the motorcycle was hit by an unidentified petrol tanker coming from behind.
As a result, the motorcycle went out of control and rammed into a railing on the left side of the road. Major Singh fell on the road and suffered serious head injuries, while Varinder received minor injury. They both were taken to a hospital where Major Singh was declared dead on arrival by doctors on duty.
On the statement of Varinder Singh, an FIR under Sections 279, 304-A, 427 and 337 of the IPC was registered against the tanker driver at the Zirakpur, police station.
They said Major Singh was running a shop M/s Snacks Bar at Damanheri village, Rajpura tehsil, Patiala, from which he was earning Rs 50,000 per month. They demanded Rs 75,00,000, along with interest @ 12% per annum, from the respondents.
The insurance company raised the objections on the grounds of maintainability of claim petition. The company said the respondent number 1, bike rider, was the real brother of the deceased. The accident was caused by the driver of the unknown vehicle and the FIR was lodged by Varinder himself. The claimants filed a false claim petition in connivance and collusion with the respondent number 1 just to claim compensation illegally.
After hearing the arguments, Arunvir Vashista, presiding officer of the Motor Accident Claims Tribunal, Chandigarh, said the driving licence of respondent no. 1 Varinder was valid at the time of the accident. No evidence was brought on record that the vehicle was being plied without a valid registration and fitness certificate. Major Singh died due to the composite negligence of respondent no. 1 bike rider and the driver of the unknown canter.
In view of this, the tribunal directed the respondents – bike owner and the insurance company – to pay a compensation of Rs 54,87,900 to the claimants jointly as well as severally along with interest @ 7% per annum from the date of petition till its realisation.
