A Delhi Motor Accident Claims Tribunal has awarded over Rs 32.74 lakh compensation to the family of a 49-year-old man who died after his motorcycle was hit by a speeding truck in Delhi in 2023.
Presiding Officer Manish Sharma was hearing a claim petition filed by the family of Mukesh Kumar and directed SBI General Insurance Company to pay the compensation with 9 per cent annual interest to the deceased’s family.
“This tribunal is constrained to hold Respondent No.1 (truck driver) guilty of gross neglect and default in driving the offending vehicle at the relevant time leading to the death of deceased,” the tribunal said in an order dated August 5.
According to the tribunal, Mukesh Kumar was returning home on his motorcycle on the night of January 19, 2023, when a Tata truck allegedly hit him from behind in Sonia Vihar.
He suffered grievous injuries and was declared brought dead at GTB Hospital.
The claim petition was filed by his wife, two sons, two daughters and mother. The family claimed that Kumar, who ran a small hotel business, was earning around Rs 45,000 per month.
The truck driver and owner denied negligence and disputed the involvement of the vehicle, while the insurer contended that the deceased was under the influence of alcohol and was himself responsible for the accident.
Relying on the testimony of an eyewitness, the tribunal held that the accident occurred due to the rash and negligent driving of the truck driver. It noted that the respondents failed to rebut the eyewitness account or lead any evidence in support of their defence.
The tribunal said that the driver had not explained the circumstances in which the truck hit the motorcycle and held him guilty of “gross neglect and default” leading to Kumar’s death.
As there was no documentary proof of the deceased’s income, the tribunal assessed his earnings on the basis of minimum wages applicable to a skilled worker in Delhi and computed the compensation at Rs 32.74.
The tribunal directed the insurer to deposit the awarded amount within 30 days.
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