A tribunal in New Delhi has directed National Insurance Company Limited to pay a compensation of more than Rs two crore to the dependent family members of a government employee who died in a road accident four years ago in 2019.
Representative Image. Pic/iStock
A tribunal in New Delhi has directed National Insurance Company Limited to pay a compensation of more than Rs two crore to the dependent family members of a government employee who died in a road accident four years ago in 2019.
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The presiding officer of the Motor Accident Claims Tribunal, Ekta Gauba Mann, was hearing the petition filed by the family members of the government servant.
According to the prosecution, the victim, Manish Gautam, 39, was walking on a road along with his relative in Sector 11 in Rohini on May 31 in 2019, when a car being driven in a rash and negligent manner by Mange Ram hit him and Gautam succumbed to his injuries during treatment in a hospital on June 1.
"...insurance company is directed to pay Rs 2,00,50,000 to the petitioners as compensation in this case within 30 days from today, failing which, it would be liable to pay further interest...interim amount, if any, paid to the petitioners be deducted...," the judge said in an order passed on May 19.
Rejecting the plea of the insurance company that there was contributory negligence by the victim, the judge said there is no evidence on record to show that he was at fault.
"It stands proved that the accident in question occurred due to rash and negligent driving of the offending vehicle by respondent no. 1 (Mange Ram) and the victim suffered fatal injuries in the said accident,” the judge said.
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The judge underlined that only the widow, son, two daughters and mother of the victim were entitled to compensation as they were dependent upon the deceased.
The judge also rejected the argument of the insurance company that there was a breach of the insurance conditions as Mange Ram was driving the car under the influence of alcohol.
Noting that the forensic science laboratory (FSL) report of Ram mentioned that alcohol was not detected, the judge said no material has come on record which shows that there is a breach of any terms and conditions of the insurance policy of the offending vehicle.
"The allegations levelled in the written statement, howsoever strong that may be, cannot take the place of proof, particularly when the insurance company despite having raised the issue has not led any positive evidence on this aspect, and in view of the above and since the insurance company has failed to establish any statutory defence, it is liable to indemnify the owner or insured and to pay compensation to the petitioners,” the judge said.
The Shahbad Dairy police station had registered an FIR against Ram under sections 279 (rash driving on a public way) and 304 A (causing death by negligence) of the Indian Penal Code. (PTI)
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