3 weeks ago
Delhi tribunal awards Rs 44 lakh to crash victims' children
A mother and father were riding a motorcycle on a road in India.
A fast-moving car hit their bike from behind.
The crash was very bad, and both the mother and father passed away.
Their five children were left behind.
The children asked a special court called a tribunal to help them get money.
The court learned that the car's driver had been driving carelessly.
So the court told the insurance company to pay the children money.
The insurance company had to pay more than 44 lakh rupees.
The court also said the company must pay extra money, called interest, on top of that.
The Delhi Motor Accident Claims Tribunal awarded Rs 44.09 lakh, plus 7.5 percent annual interest, to the five children of a couple killed in a 2021 road accident in Uttar Pradesh.
Brijnandan and his wife Rajkumari died after a WagonR car allegedly hit their motorcycle from behind at high speed in Bulandshahr district on July 2, 2021.
The tribunal passed separate awards of Rs 19.86 lakh and Rs 24.23 lakh for the deaths of Brijnandan and Rajkumari, respectively.
Presiding Officer Aparna Swami directed IFFCO Tokio General Insurance Company to pay the compensation with interest from the date the petitions were filed.
The tribunal rejected the insurer's objection that the vehicle's registration number was not initially in the FIR, citing the mechanical inspection report, registration certificate, insurance policy and eyewitness testimony.
- Who
- The five children of Brijnandan and Rajkumari, who were awarded compensation by the Delhi Motor Accident Claims Tribunal; Presiding Officer Aparna Swami; IFFCO Tokio General Insurance Company.
- What
- The tribunal awarded Rs 44.09 lakh in compensation with 7.5 percent annual interest, holding that the offending vehicle's driver was driving rashly and negligently.
- Where
- The case was heard by the Delhi Motor Accident Claims Tribunal in New Delhi; the accident occurred in Bulandshahr district, Uttar Pradesh.
- When
- The order was dated July 30; the accident occurred on July 2, 2021.
- Why
- The couple died after a WagonR car allegedly hit their motorcycle from behind at high speed and ran over them; the compensation was awarded because the tribunal found the driver negligent.
Petitioners and tribunal
Insurance company
Whether the offending vehicle's involvement was proven
Petitioners and tribunal
The tribunal and petitioners held that the mechanical inspection report, registration certificate, insurance policy and an eyewitness account established the WagonR's involvement, and that minor investigation lapses could not outweigh reliable oral and documentary evidence.
Insurance company
IFFCO Tokio contended that the offending vehicle's registration number did not initially appear in the FIR and investigation records, so its involvement in the accident was not established.
Key facts
- Total compensation
- Rs 44.09 lakh
- Interest rate
- 7.5% per annum from date of filing petitions
- Compensation for Brijnandan
- Rs 19.86 lakh
- Compensation for Rajkumari
- Rs 24.23 lakh
- Accident date
- July 2, 2021
- Accident location
- Bulandshahr district, Uttar Pradesh
- Insurer
- IFFCO Tokio General Insurance Company
- Presiding officer
- Aparna Swami
Quotes
Presiding Officer Aparna Swami
Tribunal officer overseeing the motor accident case
“The respondent number 1 was driving the offending vehicle in a rash and negligent manner at the time of the accident.”
thehansindia.com
Delhi Motor Accident Claims Tribunal
Presiding judicial body handling motor accident claims
“The respondent number 1 was driving the offending vehicle in a rash and negligent manner at the time of the accident. The mechanical inspection report of the offending vehicle also corroborates the version of the petitioners.”
theprint.in
Sources
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