Insurance firm told to pay Rs 26L to wife, kids of mishap victim
The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed an insurance company, driver and owner of a truck to pay a compensation of Rs 26 lakh to the wife, two sons and mother of Vijender Kumar, a resident of Bapu Dham Colony, Chandigarh, who had died in an accident three years ago.
Anita, wife of the deceased, in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, through advocate Sunil Kumar Dixit said that on April 7, 2021, her husband was coming to his shop at Baltana from his home on his scooter. When he reached near the Garcha traffic light point, Daria, Chandigarh, he was hit by a truck from the rear side.
She alleged that the accident took place due to rash and negligent driving of the driver.
An FIR was registered on the same day under Sections 279 and 304-A of the IPC at Industrial Area police station in Chandigarh.
She said that her husband was running a readymade garment shop at Baltana. He had an annual income of Rs 4.85 lakh. He was 44 years old when the accident occurred. She prayed before the court to grant her Rs 80 lakh in compensation.
On the other hand, the driver and the owner raised an objection to the petition on the grounds of maintainability. They said that a false FIR had been registered against the driver in connivance with the local police. The insurance company also opposed the petition. It said that no accident ever took place and so the claimants were not entitled to any compensation.
Counsel for the claimants said that there was ample evidence on record to prove that the accident had taken place and death of Vijender had been caused by rash and negligent driving of the vehicle in question.
After hearing the arguments the tribunal said that the claimants were entitled to receive a compensation of Rs 26 lakh. It said that the respondents would pay this amount of compensation jointly along with interest at 7% per annum from the date of the petition till its realisation. The amount of compensation shall be paid by the respondents within three months from today, failing which, they shall pay interest of 7.5% per annum from the date of filing of the petition, it added.
