Recently, a Motor Accident Claims Tribunal (MACT) in Delhi awarded compensation of ₹16.93 lakh to the family of a woman who lost her life in a road accident near Shivaji Park Metro Station in West Delhi. The tribunal's findings came after examining the circumstances of the collision and the competing claims raised by the parties, including allegations regarding the manner in which the offending vehicle was being driven. The case highlights the approach adopted by claims tribunals in assessing negligence, liability, and compensation in fatal motor accident cases.
The claim petition was filed by the deceased woman's husband and two sons, who sought compensation following her death in a road accident that occurred in January 2023. According to the case records, the woman was travelling with her family when a car allegedly struck their vehicle near Shivaji Park Metro Station. The impact caused the vehicle carrying the family to crash into a metro pillar, resulting in serious injuries to the woman, who later succumbed during treatment. During the proceedings, the claimants contended that the accident occurred solely because of the rash and negligent driving of the offending vehicle.
The defence sought to dispute liability and questioned the circumstances surrounding the accident. The insurance company also argued that the driver was allegedly under the influence of alcohol and sought either exemption from liability or recovery rights. However, no scientific evidence, such as a breath analyser report or blood test, was produced to establish intoxication beyond the permissible legal limit. The tribunal also examined the driver's testimony, which was found to be inconsistent with the material available on record.
Presiding Officer Gunjan Gupta concluded that the evidence overwhelmingly pointed towards negligent driving by the offending vehicle. The tribunal observed, “The investigations were duly carried out which revealed not only the involvement of the offending vehicle, but also that it was being driven in a rash and negligent manner, which resulted in the accident.”
Rejecting the defence version, the tribunal further noted that “The photographs of the vehicles involved in the accident as well as the mechanical inspection report itself shows that the offending vehicle was driven in a rash and negligent manner.”
Having found the driver responsible for the accident, the tribunal assessed compensation under various heads, including loss of dependency, consortium, funeral expenses, and loss of estate. The vehicle was found to be duly insured at the relevant time, and the insurance company was directed to pay ₹16.93 lakh along with interest at the rate of 9% per annum from October 14, 2023, until realisation.
The tribunal also directed that ₹12 lakh out of the award amount be kept in fixed deposits for the benefit of the claimants.
Source PTI
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