A Motor Accident Claims Tribunal (MACT) has awarded over Rs 16 lakh to the mother of a 30- year-old man who was killed in a road mishap involving a truck in north west Delhi three years ago.
"In view of the evidence which has come on record, it is held that the petitioner has been able to prove on the basis of preponderance of probabilities that Surjeet had sustained fatal injuries in road accident...due to rash and negligent driving of the truck," the tribunal said.
The counsel for the insurance firm, however, claimed that Surjeet, who used to run a tuition centre, was riding with his friend who was under the influence of alcohol at the time of accident.
The tribunal noted that the firm failed to adduce any documents or witnesses to prove the same.
"It was open for the insurance company to examine relevant witnesses including investigating officer of criminal case, doctor concerned who had prepared the MLC of injured/ driver of the motorcycle to establish the said plea, but it has failed to do so," the tribunal observed and asked the firm to pay the amount.
On September 3, 2014, Surjeet was riding pillion on a bike with his friend and while they were on their way to GT Karnal Road, the offending truck in a negligent manner hit their vehicle from behind, the complaint said.
Surjeet was declared brought dead at a nearby hospital but his friend survived.
Meanwhile, the driver and the owner of the truck denied negligence on their part.
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