MACT awards Rs 15 L to kin of woman killed in road mishap

A Motor Accident Claims Tribunal (MACT) has awarded over Rs 15 lakh as compensation to the kin of a woman who died after being hit by a motorcycle while walking across a bridge in north Delhi in 2014.

MACT Presiding Officer Sukhvir Singh Malhotra directed United India Insurance Company limited, the insurer of the offending vehicle, to pay Rs 15, 82,000 to the husband and two sons of the 46-year-old north Delhi resident Prem Latha.

The tribunal, however, gave liberty to the insurance company to proceed against the rider of the offending bike and recover the compensation amount as it had established that the north Delhi resident Suresh was riding without a driving licence.

"It is proved on record that respondent no. 1 (Suresh) was not having any driving licence at the time of accident. Since, the driver has failed to produce any driving license, an adverse inference is drawn against him. Hence, insurance company has been able to establish its statutory defence," the tribunal said.

"However, being the insurer, responded no. 3 (insurance company) is primarily liable to indemnify the insured of offending vehicle under section 149 (1) of the Motor Vehicles Act. Since it has been able to establish its statutory defence, it shall be at liberty to recover the compensation amount from the registered owner but after paying the compensation amount to the petitioners," it said.

According to the complaint filed by the husband of the deceased, she was hit by the motor bike while they were walking across a bridge near Bawana, in north Delhi on April 30, 2014.

Suresh, during the trial, claimed in the court that accident was not caused due to his negligence rather the victim was going on the wrong side of the road.

The tribunal noted that the rider, however, chose not to examine the witnesses in the case to prove his innocence.

"Respondent no. 1 (Suresh) did not approach to any higher authority or any forum against his false implication in this case," the tribunal said.