MACT presiding officer Vidhya Prakash asked the New India Assurance Company Limited, the insurer of the offending truck to pay Rs 10,61,000 to the wife and four children of Uttar Pradesh native, Feku.
"In view of the evidence on record, it is held that the petitioners have been able to prove on the basis of preponderance of probabilities that victim had sustained fatal injuries in road accident which took place on September 15, 2015 due to rash and negligent driving of the truck (offending vehicle)," the tribunal observed.
However, the owner of the vehicle and the driver denied negligence on their part.
The tribunal noted that the insurance company has not filed anything to show that any term or condition of insurance policy was breached or violated by the insured.
"Keeping in view the existence of a valid insurance policy, the insurance company becomes liable to pay the compensation amount," the tribunal observed.
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