Tribunal awards Rs 22 lakh relief to mishap victim’s widow, kids

The Motor Accident Claims Tribunal, Chandigarh, has directed an insurance company, the driver and owner of a truck to pay a compensation of Rs 22,26,000 to the widow and two minor children of a person who died in a road mishap five years ago.

In a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, Sunita stated that on February 26, 2019, her husband Mohan Yadav was travelling in a truck as a security guard. The truck was going from Gajraula (UP) to Barnala (Punjab).

When the truck, which was being driven by Mohamad Iqbal, reached Dumrakha Khurd village under Narwana police station, a vehicle (dumper) ahead of it slowed down and started reversing. The truck driver failed to notice it as he was allegedly driving at a fast speed and in a rash and negligent manner. Due to this, the driver lost control of the truck and banged it into the dumper.

All occupants of the truck, including Yadav, received multiple injuries due to the collision. Yadav sustained multiple injuries on his vital organs, which proved fatal for him. She alleged that the accident had taken place solely on account of rash and negligent driving of the truck driver.

An FIR was registered on February 26, 2019. Yadav, who died at the age of 29, used to draw a salary of Rs 15,000 per month. The victim’s widow stated that all claimants were dependent upon him. They had claimed a compensation of Rs 50,00,000 along with interest at the rate of 24% per annum from the date of filing of the claim petition till its realisation.

The truck driver and owner failed to appear before the tribunal despite notice and they were proceeded against ex parte vide order dated November 11, 2021.

The counsel for the insurance company objected to the claim and stated that the accident occurred due to the negligence of the driver of the dumper and he was not made party in the case.

After hearing the arguments, the Tribunal observed that the insurance company had failed to prove that the accident had taken place due to rash and negligent driving of the unidentified driver of the dumper. In view of this, the claimants were held entitled to receive compensation to the tune of Rs 22,26,000 along with interest at the rate of 9% per annum from the date of the claim petition till the realisation of the relief.