Tribunal awards Rs 4.2-crore relief to kin of 5 travellers killed in mishap

The Motor Accident Claims Tribunal (MACT), Chandigarh, has awarded Rs 4.20 crores as compensation to family members of five persons who died in an accident in Uttarakhand five years ago.

The family members of deceased — Ramesh, Gurdeep, Gurpreet, Tajinder Singh and Surinder Kumar — had filed separate claim petitions under Section 166 of the Motor Vehicles Act, 1985 through advocate Sunil Kumar Dixit.

They stated that they had embarked on a trip to Hemkund Sahib in a Tempo Traveller on September 27, 2019. After spending the night in Rishikesh, they continued their journey to Hemkund Sahib the next morning. After travelling about 50 km, the group had stopped at a stall to have tea when other travellers there warned the driver about the dangers ahead. They advised him not to proceed towards Hemkund Sahib as there was a risk of landslides and blocked roads.

The driver, however, insisted that he was familiar with the road. He reassured the group that they should continue their journey, downplaying the concerns about the weather. Ignoring the advice of both travellers and his passengers, he continued driving.

Around 1.35 pm, while passing by a highway police post, a boulder rolled down from the hillside and struck the vehicle, killing five persons.

The claimants stated that the accident took place due to rash and negligent driving.

On getting notice, the owner of the vehicle appeared before the tribunal and stated that the accident was an act of God and there was no fault of the driver. The insurance company stated that the driver was not holding a valid driving licence. There was no valid registration certificate, route permit and fitness certificate of the vehicle.

After hearing of the arguments, the Tribunal directed the respondents — the vehicle owner and the insurance company — to pay Rs 4.20 crores as compensation, along with interest at the rate of 8% per annum from the date of claim petition till its realisation. They are jointly and severally liable to pay the amount of compensation. The amount in each case was decided on the basis on the income and age of the deceased persons.

As per separate orders, Rajni, the widow of Gurdeep, was awarded Rs 66,73,312, Sandeep Kaur, the widow of Gurpreet Singh, Rs 73,93,056, Jasbir Kaur, the widow of Tajinder, Rs 1,20,24,378, Reena, the widow of Surinder Kumar, Rs 88,80,974, and Anju, the widow of Ramesh Kumar, Rs 70,47,744. All deceased were tricity residents.