MACT presiding officer Anoop Kumar Mendiratta awarded Rs 40,30,503 to family of 46-year-old deceased Narender Kumar after it was established that the mishap occurred due to rash and negligent driving of the offending trailer's driver.
"Since negligence is to be assessed on touchstone of preponderance of probability, it has been established that the accident was caused due to rash and negligent driving of container/trailer by the driver," the tribunal said.
The tribunal directed SBI General Insurance Company, insurer of the offending vehicle, to pay the amount to Kumar's wife Sharmeela and their three children.
According to the petition, the accident took place on April 26, 2014, when Kumar was returning home in Ghaziabad on his bike from Kharkhari village in UP and was hit from behind by the trailer driven in a rash and negligent manner. Kumar suffered fatal injuries and died on the spot.
The tribunal, however, noted that the manner of accident has not been refuted by the driver of the trailor.
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