Kin of road mishap victim get Rs 22.12 lakh compensation

Family members of a 39-year-old man, who died in a road accident involving a negligently driven truck, have been awarded Rs 22.12 lakh compensation by a Motor Accident Claims Tribunal (MACT) here.

MACT Presiding Officer RPS Teji directed TATA AIG General Insurance Company Ltd, insurer of the offending truck to pay a compensation of Rs 22,12,500 to family members of victim Anant Singh, who suffered fatal injuries in the April 2, 2013 mishap.

The tribunal, which decided the petition in favour of the victim’s family, however, accepted insurance company’s claim that there was contributory negligence in the accident.

“The driver is liable for causing the accident and causing fatal injuries to the deceased, to the extent of 75 per cent and the deceased himself had contributed to this accident to the extent of 25 per cent,” the tribunal said.

While relying on documents submitted on record, it said the victim too was driving at a high speed which is why he could not control his vehicle and rammed into the truck. “It is pertinent to mention here that the vehicle of the deceased hit the offending vehicle from behind. I have seen the photographs placed on record which reveals that the vehicle of deceased was badly damaged. This shows that the deceased was also driving at a very high speed without maintaining the required distance at the time of accident and had failed to control his vehicle...” the tribunal said.

“He (victim) was also under bounden duty to observe necessary caution and maintain a distance between his vehicle and the vehicle ahead. Had the deceased been cautious, he could have averted the gravity of the accident,” it said.

The tribunal, while holding the accused driver guilty, said a driver of a mechanically propelled vehicle is under bounden duty to observe necessary caution to avoid striking other vehicles, persons, the users of the road.