4 years after accident, Chandigarh tribunal directs truck owner, insurance firm to pay Rs 54 lakh to deceased's kin

Motor Accident Claims Tribunal, Chandigarh, has directed the driver, owner of a truck and Insurance Company to pay a compensation of Rs 54,04,740 along with interest at the rate of 7.5 per cent per annum to two minor children and their mother Neem Kalan whose husband died in an accident four years ago.

In the claim petition filed through advocate Sunil Kumar Dixit, under Section 166 of the Motor Vehicle Act, 1988, Neem Kalan, a resident of Sector-15, Panchkula, stated that on June 16, 2021, Tara Parsad Pandey was returning to Panchkula after meeting his friend at Sarakpur.

On his way home on his cycle, while taking an exit from the highway to a service lane near the Chandimandir toll plaza, he was hit by a truck around 7 pm.

The truck trailer was allegedly being driven rashly and negligently.  The vehicle, about 50 feet long, was used for carrying new cars.

The rear portion of the trailer knocked down her husband. She said that he was serving as a peon in Haryana State Agricultural Marketing Board, drawing Rs 32,000 per month as his salary.

The claimants were dependent on Tara Parsad’s income and after his death, they were left without any means of livelihood.

On the other hand, the driver and owner of the tractor trailer opposed the claim petition by alleging that a false FIR had been registered against the driver in order to get undue compensation.

There was no fault of the driver. Insurance company also opposed the petition.

After hearing of the arguments, the Tribunal said that the copy of driving licence of driver showed that the deceased was holding a valid driving licence at the time of accident and the vehicle was insured with insurance company on the date of accident. No violation of the terms and conditions of the insurance policy has been proved.

Therefore, the insurance company cannot escape its liability to pay the compensation and indemnify the insurance.

The Tribunal said that in view of this, the petitioners are awarded compensation of Rs 54,04,740 along with interest at the rate of 7.5 per cent per annum from the date of filing of the claim petition till the date of realisation and the respondent’s driver, owner and the   insurance company shall be jointly and severely liable to pay the same.