Accident victim’s kin get Rs 28 lakh
4 Aug 2012 9:27 AM GMT
The parents of a young private firm executive, crushed to death by a rashly-driven truck in 2011, have been awarded Rs 28.05 lakh as compensation by a road mishap tribunal.
The Motor Accident Claims Tribunal (MACT) has asked the Cholamandalam General Insurance Company Ltd, which had insured the offending vehicle, to pay Rs 28.05 lakh to the parents of victim Rajnish Ranjan, who had died in an accident on 8 May 2011.
‘Insurance company has not proved any defence available to it under statute. Therefore, the compensation would be deposited by the insurance company within 30 days,’ MACT Presiding Officer Arun Bhardwaj said, while directing it to pay the compensation amount to the victim’s parents.
A claim of Rs 50 lakh was filed by the deceased mother Sunila Devi and father Jai Shanker Prassad Singh, natives of Bihar, after their unmarried son Ranjan died in the mishap.
The victim’s parents had said in their petition that on 8 May, while Ranjan was returning home on his motorbike from his Gurgaon office, a rashly driven truck hit him and he died.
They said their 25-year-old son worked as a manager at DLF Ltd in Gurgaon and was drawing a salary of Rs 2.25 lakh per annum.
The tribunal awarded the compensation to parents accepting their claim of negligence by truck driver.
‘It is a settled law that test of negligence in a claim petition filed under Motor Vehicles Act is of preponderance of probabilities and not beyond all reasonable doubts as is in a criminal case.
Therefore, this issue is decided in favour of the victim’s parents (petitioners) and against the respondents (the vehicle driver, its owner and the insurer,’ the court said.
The Motor Accident Claims Tribunal (MACT) has asked the Cholamandalam General Insurance Company Ltd, which had insured the offending vehicle, to pay Rs 28.05 lakh to the parents of victim Rajnish Ranjan, who had died in an accident on 8 May 2011.
‘Insurance company has not proved any defence available to it under statute. Therefore, the compensation would be deposited by the insurance company within 30 days,’ MACT Presiding Officer Arun Bhardwaj said, while directing it to pay the compensation amount to the victim’s parents.
A claim of Rs 50 lakh was filed by the deceased mother Sunila Devi and father Jai Shanker Prassad Singh, natives of Bihar, after their unmarried son Ranjan died in the mishap.
The victim’s parents had said in their petition that on 8 May, while Ranjan was returning home on his motorbike from his Gurgaon office, a rashly driven truck hit him and he died.
They said their 25-year-old son worked as a manager at DLF Ltd in Gurgaon and was drawing a salary of Rs 2.25 lakh per annum.
The tribunal awarded the compensation to parents accepting their claim of negligence by truck driver.
‘It is a settled law that test of negligence in a claim petition filed under Motor Vehicles Act is of preponderance of probabilities and not beyond all reasonable doubts as is in a criminal case.
Therefore, this issue is decided in favour of the victim’s parents (petitioners) and against the respondents (the vehicle driver, its owner and the insurer,’ the court said.
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