New Delhi, March 3 A Delhi Motor Accident Claims Tribunal (MACT) has awarded Rs 69.61 lakh in compensation to the family of a 54-year-old army personnel who died in a road accident in 2021.
Presiding Officer Anjani Mahajan was hearing the claim petition filed by the wife and four children of the deceased army personnel, Bal Kishan.
On the afternoon of October 29, 2021, Bal Kishan was riding his motorcycle from Andhop Palwal to Sihol Palwal. Around the time he reached near Kidwari in Chandhut, his motorcycle was hit by a truck driven negligently, causing him to fall and sustain fatal injuries. He was taken to the Civil Hospital in Palwal, where he was declared dead.
In an order dated February 20, the tribunal stated, "The petitioners have established, on the preponderance of probabilities, that the accident occurred due to the rash and negligent driving of the offending vehicle."
The court noted that the mechanical inspection report revealed bloodstains on the left front tyre of the offending vehicle.
The court expected the driver and the owner of the vehicle to explain the circumstances surrounding these bloodstains, if they were not caused by the accident. However, both the driver and the owner failed to provide any evidence in their defense.
Furthermore, the driver of the vehicle chose not to explain the circumstances of the accident and avoided the witness box. Ultimately, this led the court to draw an adverse inference against him and the owner of the vehicle.
The tribunal awarded Rs 69.61 lakh in compensation to the family under various heads, including Rs 66.85 lakh for loss of dependency. All five claimants were found to be dependent on the deceased.
The tribunal noted that the offending vehicle was insured at the time of the accident and directed ICICI Lombard General Insurance Company Ltd. to deposit the compensation amount.