Accident case: Two sisters get nearly Rs 38L compensation

A motor accident claims tribunal here has awarded a compensation of nearly Rs 38 lakh to two sisters in an accident case in which their 33-year-old mother was killed and one of them sustained permanent disability.
The amount of Rs 27,75,000 compensation granted for the death of their mother would be distributed equally between the two sisters, residents of Minto Road in Central Delhi.
Besides this, the MACT tribunal awarded Rs 10.2 lakh to one of the sisters who had sustained 70 per cent permanent disability due to the injuries caused in the road accident involving a rashly and negligently driven truck in 2007.

The family's compensation petition said the accident took place on the night of December 18, 2007 when victim Rajni Sharma, her minor daughters and a cousin brother were riding on a motorcycle. When they reached Ajmeri Gate, the rashly and truck came at a high speed and hit their vehicle from behind.
Due to the impact, they fell down and Sharma, who was working as a sales manager in a boutique and earning Rs 20,000 per month, was crushed under the wheels of the truck while one of her daughters was grievously injured.
The tribunal, headed by Presiding Officer Pawan Kumar Jain, said "though the witnesses were cross-examined, yet nothing could be extracted which may show that the accident had not taken place due to rash and negligent driving of respondent no.1 (truck driver)."

It noted that the woman's 12-year-old daughter, who had received 70 per cent disability in one of her lower limbs, was unable to walk without the help of crutches.

She also testified that "since, in her school, there was no facility of ramp or wheelchair, being a disabled student, she had to face a lot in her school days ... Even washrooms were not friendly to disabled persons. She had to climb stairs with the help of a walker."
The tribunal said the truck owner and driver preferred not to appear during the proceedings. It also held that it can safely be presumed that they were well aware that the licence of the driver was forged.

It directed the Oriental Insurance Company Ltd, insurer of the truck, to pay the compensation amount to the two sisters and granted a right to the firm to recover the amount from the truck owner and driver.
"I am of the considered opinion that insurance company succeeded to establish that there was a wilful breach of the terms and conditions of policy on the part of truck driver and owner. Accordingly, insurance company shall have a right to recover the awarded amount in both the matters from them without filing separate suit," the presiding officer said.