Tribunal awards more than ₹2.52 crore to family of accident victim

A Motor Accident Claims Tribunal here has awarded more than Rs 2.52 crore compensation to the family members of a 30-year-old man who died in a road accident in 2023.

Presiding Officer Shelly Arora was hearing the claim petition by the family members of the victim, Yaseen Khan, who was run over by a bus while riding a two-wheeler on May 19, 2023.

The claimant's advocate, Sumit Chaudhary, informed the tribunal that Khan was a senior resident doctor in a hospital earning more than Rs 1.43 lakh each month and that he is survived by his wife, three minor sons, a son who was born four months after his death, and parents.

The counsel argued that the accident occurred due to the rash and negligent driving of the offending vehicle.

In an order dated September 8, the tribunal cited a 2017 verdict of the Supreme Court, according to which, "In a case of death, the legal heirs of the claimants cannot expect a windfall. Simultaneously, the compensation granted cannot be an apology for compensation."  Noting the evidence before it, the tribunal said it was established that speedy and rash driving by the vehicle driver caused the fatal accident.

"The facts and circumstances (of a motor accident claim) must be considered in a broad and practical manner. It is also settled that proceedings under the Motor Vehicles Act are different from regular civil suits and are not strictly governed by the technical rules of the Indian Evidence Act," the tribunal said.

It said that the unborn child had to be considered a dependent upon the deceased on the date of the accident.

The tribunal then computed a total compensation of over Rs 2.52 crore under various heads, and directed the offending vehicle's insurer, New India Assurance Co Ltd, to deposit it.