Recently, a decade-long wait for justice concluded as the Delhi Motor Accident Claims Tribunal (MACT) awarded more than Rs 38 lakh to the surviving family members of a man and his one-year-old daughter, who tragically died in a road accident in 2016. The tribunal emphasized the responsibility of drivers to exercise caution and the legal obligation of vehicle owners and insurers to compensate victims’ families.
The case arose when Dharmender Chawla, aged 46, was travelling with his wife Janvi Chawla and daughters Charvi (one year old) and Divyanshi (three years old) from Haryana to Subhash Nagar, Delhi. Their vehicle was struck by a speeding car driven by Vijay Kumar Pal, coming from Dwarka, while taking a turn towards Sadar Bazar. Dharmender and Charvi were rushed to RML Hospital, where both were declared dead. A chargesheet was subsequently filed against the driver.
The family petitioned for compensation, asserting loss of dependency, loss of consortium, loss of estate, and funeral expenses. Evidence established that Dharmender ran a grocery store in Subhash Nagar with a monthly income of approximately Rs 25,000. The petitioners argued that the accident directly caused their financial and emotional losses.
The Respondents, including the driver, vehicle owner, and insurer, contended that the deceased had “jumped a red light” and that the vehicle was overloaded. They sought to reduce or negate liability based on these claims.
Presiding Officer Shirish Aggarwal rejected the respondents’ contentions, holding that the accident resulted from negligence. The tribunal noted, “both the testimonies of the wife and the daughter are coherent and consistent. Nothing material could be elicited from the cross-examination to disbelieve or discard their testimonies.” The tribunal further observed that the driver had a duty of care, holding the driver, vehicle owner, and insurer “jointly and severally liable to pay the compensation.” The claim that the deceased had jumped a red light was dismissed, as no evidence supported it, and the vehicle carried only two additional passengers, children aged one and three.
After considering loss of dependency, loss of consortium, loss of estate, and funeral expenses, the MACT awarded a total compensation of Rs 38,86,150 to the surviving family members.
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