In Uttar Pradesh in 2021, the Delhi Motor Accident Claims Tribunal has ordered compensation of more than Rs. 44 lakh to be paid to the five children of a couple who died when a car hit their motorcycle from behind.
Tribunal judge Aparna Swami directed Iffco Tokio General Insurance Company to pay a total compensation of Rs. 44.09 lakh, along with interest at 7.5 percent per annum from the date the petitions were filed.
In the order dated July 30, the tribunal stated, “At the time of the accident, the first respondent was driving the offending vehicle rashly and negligently. The mechanical inspection report of the offending vehicle also confirms the petitioners’ claim.”
For the deaths of Brijnandan and his wife Rajkumari, the tribunal separately awarded compensation of Rs.19.86 lakh and Rs.24.23 lakh, respectively.
According to the compensation claim petitions, on July 2, 2021, in Bulandshahr district, while this couple was traveling on a motorcycle, a WagonR car is said to have crashed into their vehicle from behind at high speed. Due to the impact of the collision, they were thrown onto the road, and then the car ran over them. Both were declared dead on arrival at the hospital.
The driver, the owner, and the insurance company opposed this claim. The insurance company argued that the registration number of the offending vehicle was not initially mentioned in the First Information Report and the investigation records. Rejecting this argument, the tribunal stated that in the later investigation, the vehicle was identified through the mechanical inspection report, registration certificate, and insurance policy, and its involvement was confirmed.
The court relied on the testimony of an eyewitness who said that the car overtook his motorcycle, struck the victims’ bike hard from behind, and then fled the scene. The tribunal, which stated that the accident had occurred due to the driver’s rash and negligent driving, also said that minor defects in the inquiry cannot outweigh credible oral and documentary evidence.