3 years on, MACT awards Rs.24 lakh relief to kin of road accident victim
Mohali, July 3 -- Three years on, the Motor Accident Claims Tribunal (MACT), Mohali, on Wednesday awarded Rs.24 lakh in compensation to the family of a 33-year-old motorcyclist after holding the tipper truck driver responsible for a collision caused by parking the vehicle on a dark road without warning lights or reflectors.
The tribunal passed the award in a claim filed by the deceased Jagtar Singh's widow, Mandeep Kaur, their minor daughter Harseerat Kaur and his father, Gurmeet Singh.
The accident took place on the night of May 13, 2023, near village Sallomajra in Rupnagar district. Jagtar Singh was riding towards the village when his motorcycle rammed into a tipper truck parked in the middle of a dark road.
He sustained multiple injuries and later died at the civil hospital, Chamkaur Sahib.While deciding the claim, the tribunal relied on the testimony of the victim's father, who witnessed the accident, along with the FIR, post-mortem report and other records. It held that the truck driver created a road hazard by leaving the parked vehicle without any warning lights or reflective signs.
The insurer argued that Jagtar Singh had consumed alcohol before the accident and sought a reduction in compensation on the ground of contributory negligence.
Although a chemical examination confirmed the presence of ethyl alcohol in his body, the tribunal held that the insurer failed to establish that he was incapable of driving because of intoxication.
The tribunal attributed 90% negligence to the truck driver and 10% contributory negligence to the deceased.
While calculating compensation, the tribunal declined to accept the family's claim that Jagtar Singh earned Rs.25,000 a month in the absence of documentary proof. It assessed his monthly income at Rs.15,000, added 40% towards future prospects and applied the multiplier based on his age of 33 years. Compensation was awarded under the heads of loss of dependency, consortium, funeral expenses and loss of estate.
The tribunal assessed the total compensation at Rs.27.58 lakh.
After deducting 10% for contributory negligence, it awarded Rs.24.82 lakh with interest at 7.5% per annum from the date of filing the claim petition until the award.
It directed the owner, driver and Reliance General Insurance company to pay the amount jointly with 9% interest if payment is delayed beyond 30 days. The tribunal apportioned 60% of the compensation to the widow, 30% to the minor daughter and 10% to the deceased's father....
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