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Insurance firm, bike owner told to pay Rs 23 lakh compensation

The Motor Accident Claims Tribunal (MACT) here has directed an insurance company, rider or owner of a motorcycle to pay compensation of Rs 23.20 lakh to three minor children of Dharmender Singh, a resident of Uttar Pradesh, who died in...
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The Motor Accident Claims Tribunal (MACT) here has directed an insurance company, rider or owner of a motorcycle to pay compensation of Rs 23.20 lakh to three minor children of Dharmender Singh, a resident of Uttar Pradesh, who died in an accident two years ago.

All three minor children had filed a claim petition under Section 166 of the Motor Vehicles Act represented through their father’s sister. The claimants said that on September 30, 2021, their father was going from Baltana towards Nabha Sahib village while riding pillion on a motorcycle. On the way, they reached near K Area, Zirakpur. At that time, the rider of the motorcycle tried to overtake another bike, which was going ahead of them, without caring for the traffic coming from behind.

While doing so the rider brought his motorcycle in the middle of the road and it was hit by a truck coming at fast speed from behind. After being hit Dharmender fell on the road and got crushed under the rear tyre of the truck. After the accident, the driver of the truck fled away from the spot.

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They said that the accident took place due to the negligence of the rider of the motorcycle and driver of the truck. Due to the accident their father died in a hospital of Dera Bassi. They said their father was 29 years of age at the time of his death and was working as a contractor and used to earn Rs 30,000 per month.

The claimants have sought compensation of Rs 75 lakh along with interest @ 12% per annum from the date of filing of claim petition till its realisation. After hearing the arguments the tribunal held the claimants entitled to receive compensation of Rs 23.20 lakh along with interest in equal shares. The tribunal said that the driver, owner and insurer of motorcycle were jointly and severally liable to pay the amount of compensation.

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Accident happened during overtaking

The claimants said that their father was going from Baltana towards Nabha Sahib village while riding pillion on a motorcycle. On the way, they reached near K Area, Zirakpur. At that time, the person driving the motorcycle tried to overtake another bike without caring about the traffic coming from behind. While doing so the rider brought his motorcycle in the middle of the road and it was hit by a truck coming at fast speed from behind.

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