Chandigarh, July 27
The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed an insurance company and the driver of a car to pay a compensation of Rs 31,08,000 to the wife, three children and mother of a 35-year-old man killed in a mishap.
In a claim petition filed under Section 166 of the Motor Vehicles Act, Raj of Sector 25 here stated that on November 21, 2021, she was going with her husband Satish Kumar on a bike when a speeding car coming from the Panjab University side hit the bike near Khera Mandir in Sector 25. Her husband received multiple injuries and was rushed to the PGI where he died. She alleged that the accident had taken place solely due to rash and negligent driving by the car driver.
Raj stated that Satish working as a sewer man on contract basis with the MC, Chandigarh, at a salary of Rs 16,000 per month. Apart from that, he was also doing part-time jobs on Saturdays and Sundays and earned additional Rs 5,000 per month. The claimants sought a compensation of Rs 50 lakh, along with interest at the rate of 18% per annum, from the date of accident till realisation.
On the other hand, the car driver denied the allegations while the insurance company also objected to the claim petition.
After hearing of the arguments, the tribunal stated that the respondent number 1 (car driver) is facing trial in a criminal case regarding the accident in which the man had died. Since proceedings under the Motor Vehicles Act were summary in nature, a mere fact that the driver of the vehicle is facing trial in a criminal case regarding the accident is prima facie sufficient to hold that the accident had taken place on account of rash and negligent driving.
The tribunal stated that in view of this, the claimants were entitled to receive a compensation of Rs 31,08,000, along with interest at the rate of 9% per annum, from the date of the claim petition till its realisation.
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