Posted: 03 Aug 2015 04:33
AM PDT
The family members of a woman, who died in a
road accident involving a rashly driven tempo, have been awarded a compensation
of over Rs 21 lakh by a Motor Accident Claims Tribunal (MACT) here.
The tribunal directed the New India Assurance
Company Ltd, with which the offending vehicle was insured, to pay Rs 21,51,460
to the husband and minor daughter of 21-year-old victim Mamta, who had died in
the accident in 2011.
“… after considering all the documents filed by
the petitioners as a whole it is clear that respondent No.1 (tempo driver) was
driving the vehicle in a rash and negligent manner,” MACT Presiding Officer
Sanjeev Kumar Singh said.
Mamta’s husband and daughter had sought
compensation of Rs 15 lakh for fatal injuries sustained by her in the accident.
They said in their petition that on the night of
May 13, 2011, Mamta along with her husband and daughter was going to Kalawati
Hospital from their house by a rickshaw.
When they reached near Paharganj Police Station,
a speeding tempo hit the rickshaw with a great force.
As a result, they fell down and sustained
grievous injuries. While victim’s husband and her daughter were taken to
Kalawati Saran Children’s Hospital, Mamta and the rickshaw puller were admitted
to another hospital where she died the next morning during.
The court noted that the woman’s husband
testified that Mamta was a housewife but she was also working with a firm here
and was getting a salary of Rs 8,000.
It, however, said no evidence in this regard has
been filed on record and the deceased is considered as a housewife.
The court calculated the amount saying no
qualification certificate has been filed and the minimum salary of non-
matriculate, i.e. Rs 7,098 per month, was required to be taken for assessment
of loss of gratuitous service rendered by the deceased to her family.
It said an addition of 25 per cent for the
minimum wages was required as the victim was more than 20 years of age.
The court, while directing the insurance firm to
pay the compensation amount, gave it liberty to recover the money from the
tempo driver and owner holding that the driver was not having a valid and
effective commercial vehicle licence on the date of accident.
