Monday, March 26, 2012

MACT approves claim of Rs. 43 Lakhs for death caused by 2 wheeler

We regularly hear about cases where large modern, expensive, high power cars and other heavy vehicles cause accidents due to rash and negligent driving. However, even a rashly driven two wheeler can cause loss to others. In a recent case the family members of the victim of a road mishap, involving a rashly-driven two wheeler; have been awarded a compensation of over Rs 43 lakhs by the Motor Accident Claims Tribunal (MACT).

Presiding Officer of (MACT) Sanjay Kumar Aggarwal directed United India Insurance Company Ltd, with which the offending two-wheeler was insured, to pay Rs 43,60,139 to the wife and children of Ravinder Singh, who had died in a road mishap is April,2011

"Reading all the documents filed by the petitioners (the victim's family) as a whole it is clear that the respondent (Aasar Kapoor) was driving the vehicle in a rash and negligent manner.

"I award Rs 43,60,139 as compensation with interest at the rate of 7.5 per cent per annum, in favour of the petitioners and against the respondents (Aasar Kapoor, Dalip Kapoor and insurance company) on account of their liability being joint and several," the tribunal said.

The accident took place on April 4 2011 when Aasar Kapoor hit Singh's motorcycle with his two-wheeler at a red light on Outer Ring Road near Keshopur, in New Delhi. Due to this Singh sustained grievous injuries and had died later in the hospital, his family said.

The tribunal awarded the compensation to the victim's wife and kids, after coming to the conclusion that Aasar was riding his motorcycle in a rash and negligent manner, on the basis of the documents filed.

This is a welcome step as the general impression in the society is that judicial process takes long or very long time.

What is appreciable in this case is that the case has been settled within a year.

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