Court awards Rs 37-lakh aid to driver’s family
Express News Service, May 28, 2011, New Delhi
The relatives of a 35-year-old driver, who was killed in an accident, have been awarded compensation of over Rs 37 lakh by a tribunal.
“The accident occurred due to the rash and negligent driving of the truck driver. There is sufficient evidence on record to show the involvement of the truck, which caused the victim’s death,” Motor Accident Claim Tribunal Judge Rajiv Mehra said, awarding over Rs 37 lakh as compensation to the family of the victim, Harish Chandra.
The accident occurred on May 1, 2008, when Chandra’s bus was stuck in a drain near Karkardooma and a truck was summoned to pull it out. Chandra was standing between the two vehicles, trying to link them with a chain, when the truck driver, Rishi Pal, stepped on the accelerator and crushed him between the two vehicles.
He was rushed to the nearby Shanti Mukand Hospital, where he succumbed to his injuries.
Discarding the arguments of Pal and truck owner Rajinder Singh that the accident had occurred due to Chandra’s negligence as well, the court said there was no proof of any contributory negligence on the part of the victim.
The court directed Bajaj Allianz General Insurance Company Ltd, with which the truck was insured, to pay the compensation. “The insurance policy does not put any restriction in towing away of a disabled vehicle,” the court said, adding that even the Motor Vehicle Act says that a transport vehicle can be used to tow away another one and no separate permit is required for this purpose. The MACT ruled that compensation would be given to victim’s wife, children and parents.
The relatives of a 35-year-old driver, who was killed in an accident, have been awarded compensation of over Rs 37 lakh by a tribunal.
“The accident occurred due to the rash and negligent driving of the truck driver. There is sufficient evidence on record to show the involvement of the truck, which caused the victim’s death,” Motor Accident Claim Tribunal Judge Rajiv Mehra said, awarding over Rs 37 lakh as compensation to the family of the victim, Harish Chandra.
The accident occurred on May 1, 2008, when Chandra’s bus was stuck in a drain near Karkardooma and a truck was summoned to pull it out. Chandra was standing between the two vehicles, trying to link them with a chain, when the truck driver, Rishi Pal, stepped on the accelerator and crushed him between the two vehicles.
He was rushed to the nearby Shanti Mukand Hospital, where he succumbed to his injuries.
Discarding the arguments of Pal and truck owner Rajinder Singh that the accident had occurred due to Chandra’s negligence as well, the court said there was no proof of any contributory negligence on the part of the victim.
The court directed Bajaj Allianz General Insurance Company Ltd, with which the truck was insured, to pay the compensation. “The insurance policy does not put any restriction in towing away of a disabled vehicle,” the court said, adding that even the Motor Vehicle Act says that a transport vehicle can be used to tow away another one and no separate permit is required for this purpose. The MACT ruled that compensation would be given to victim’s wife, children and parents.
http://www.expressindia.com/latest-news/court-awards-rs-37lakh-aid-to-drivers-family/796455/
Labels: Bajaj Allianz General insurance, Motor Accident Claim Tribunal Judge Rajiv Mehra, Rs 37 lakh compensation, truck driver Rishi Pal, truck owner Rajinder Singh, victim Harish Chandra
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