Ramkrishan Upadhyay
Chandigarh, March 1
Motor Accident Claims Tribunal (MACT), Chandigarh, has directed an insurance company, the driver and the owner of a bus to pay Rs14,70,800 as compensation to the parents of a 22-year-old person, Mewa Ram, who died in an accident. The tribunal rejected the contentions of the driver and the owner of the bus that the parents are not dependent on their son.
Shila Vati, mother, and Paramjit Singh, father of Mewa Ram had filed a claim petition under Section 166 of the Motor Vehicle Act, 1988. They said on August 21, 2018, Mewa Ram was riding a motorcycle. At 5 pm, when he reached near the petrol pump, a bus hit his motorcycle. Mewa Ram suffered a grievous head injury. He was taken to a hospital in Garhshankar where he succumbed to the injury. They alleged that the accident took place due to rash and negligent driving on the part of bus driver. Mewa Ram worked as a mason in Garhshankar and earned Rs15,000 per month.
The claimants stated to have suffered a huge loss due to his untimely death being dependent upon his income and they prayed that a compensation of Rs30,00,000 be awarded to them. The driver and the owner of the bus challenged the claim petition on the ground that the claimants were neither dependents nor the legal heirs of the deceased.
Sunil Kumar Dixit, counsel for the claimants, said the deceased was unmarried. He was taking contracts of construction of houses in Garhshankar and surrounding areas and the claimants were completely dependent upon the earnings of Mewa Ram.
After hearing of the arguments, Jagdeep Sood, presiding officer, MACT, said the prosecution witness had proved that the claimants were the parents of Mewa Ram and that the deceased used to send his earnings to them in their native village. Thus there is nothing on the record to conclude that the claimants were not dependent upon Mewa Ram. “Thus all respondents being in the capacity of driver, owner and insurer of the vehicle are jointly and severally liable to pay the compensation amount ofRs 14,70,800. Both claimants are entitled to get an equal share in the compensation. The claimants will be entitled to get interest @ 7% per annum on the said amount from the date of filing of petition till payment thereof,” said the officer.
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