Delhi MACT awards Rs 1.38 crore compensation in 2022 Dwarka Expressway accident case

A Delhi Motor Accident Claims Tribunal (MACT) has awarded Rs 1.38 crore as compensation to the family of a 32-year-old engineer who died after being hit by a car on the Dwarka Expressway in Gurugram in December 2022.

Presiding Officer Sudeep Raj Saini was hearing the claim petition filed by the wife and parents of the deceased, Kaushal Mishra, seeking compensation.

According to the plea, Mishra, a senior engineer in a private company, was returning home on his motorcycle via the Dwarka Expressway when a car, rashly and negligently driven by Aman Kushwaha, hit the two-wheeler on December 11, 2022.

It said that due to the crash, Mishra fell on the road and sustained injuries. He succumbed to the injuries in a hospital 10 days later.

In an order dated December 10, the tribunal said, “Taking a holistic view, it stands proved, on the touchstone of preponderance of probabilities, that the accident in question was caused due to rash and negligent driving of the offending car, being driven by respondent 1, Aman Kushwaha, and owned by respondent 2 Mayank Kushwaha, thereby causing the death of Kaushal Mishra.”

The tribunal noted that an eyewitness had deposed that the offending vehicle was coming from the wrong side and hit the motorcycle, and that the deceased was wearing a helmet.

It rejected the insurer’s argument that the accident was due to the deceased’s sole negligence, noting that no evidence had been led to show that Mishra was negligent in any manner.

The tribunal awarded Rs 1.38 crore as compensation to the family under various heads, including loss of dependency, medical expenses, funeral expenses, loss of estate and loss of consortium. Four claimants were found to be dependent on the deceased.

The tribunal noted that the offending vehicle was insured at the time of the accident and directed TATA AIG General Insurance Co Ltd to deposit the compensation amount.