Tribunal awards Rs 16 lakh to family of man who died in 2022 accident

Gurgaon: The Motor Accident Claims Tribunal (MACT), Gurgaon, has awarded compensation of Rs 16.5 lakh, along with 7% annual interest from the date of filing a petition, to the family of a 24-year-old youth, Deepak, who died in a road accident in 2022. The tribunal held the truck driver guilty of rash and negligent driving and directed the insurer to pay the compensation with recovery rights.

The accident happened on June 21, 2022, around 11.45 am near the SS Group Building in Sector 86. Deepak was travelling to Hayatpur when a truck bearing registration number RJ-13GA-9132 rammed into his bike.

Deepak sustained fatal injuries and was declared brought dead at the Civil Hospital. An FIR under sections 279 and 304A of IPC was registered at Kherki Daula police station.

Advocate Manoj Yadav, appearing for the family, argued that the accident was caused solely by the truck driver, Balwant Singh's, rash and negligent driving. He relied on the FIR, an eyewitness's testimony, the post-mortem report and a chargesheet to establish negligence.

Advocate Anoop Singh, counsel for Balwant Singh, contended that the accident did not occur due to his client's negligence, arguing that Deepak was driving in a zig-zag manner. He also claimed the truck was empty and was being driven to a workstation for repairs.

Advocate Manish Vashisht, appearing for the insurance company, argued that there was no reliable independent evidence of negligence. He further claimed breach of policy conditions, alleging absence of a valid permit and questioning the validity of the driving licence. The insurer also alleged contributory negligence by Deepak and termed the claim exaggerated.

The argument that a permit is not required for an empty truck was termed "legally untenable", with the court observing that a goods vehicle remains a transport vehicle even when not carrying goods. The tribunal also noted that strict proof of the accident is not required in such cases and a holistic view must be taken.

The tribunal rejected the defence arguments and held that the FIR, eyewitness account and police chargesheet clearly established negligent driving by the truck driver. The driver admitted being present at the scene and failed to convincingly rebut the allegations.

The tribunal concluded that while the driver-owner was primarily liable, the insurance company must satisfy the award first and then recover the amount from the owner due to permit violations.
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