A Motor Accident Claims Tribunal (MACT) in Delhi has delivered a significant verdict, directing a compensation payment of Rs 1.26 crore to the family of a man who tragically lost his life in a road accident over five years ago. The tribunal's order brings a measure of financial relief to the grieving kin after a prolonged legal process.
The Tragic Incident and Legal Proceedings
The case stemmed from a fatal accident that occurred on February 21, 2018. The victim, identified as Jitender Kumar, was riding his motorcycle in the Narela area of Delhi when he was struck by a truck. The collision proved fatal, and Kumar succumbed to his injuries. Following his death, his legal heirs filed a claim before the MACT seeking compensation for their immense loss.
The tribunal, presided over by Judge Sanjiv Jain, meticulously examined the evidence presented. This included the First Information Report (FIR), post-mortem report, and other documentary proofs. The judge concluded that the accident was a direct result of the rash and negligent driving by the truck driver. Consequently, the tribunal held the driver, the owner of the truck, and the vehicle's insurer jointly and severally liable for paying the compensation amount.
Calculation of the Compensation Award
In determining the substantial compensation figure of Rs 1.26 crore, the tribunal considered several key factors related to the victim's life and his family's dependency. A central element was Kumar's income. The tribunal accepted that he was working as a machine operator and was earning a monthly salary of Rs 25,000 at the time of his untimely death.
Using established legal principles for calculating compensation in fatal accident cases, the tribunal factored in future prospects, adjusted for inflation, and accounted for the family's dependency. The final computation also included conventional heads such as loss of estate, funeral expenses, and loss of consortium for the spouse. The detailed calculation underscores the tribunal's effort to quantify the financial and emotional void left by the victim's passing.
Tribunal's Directives and Implications
The tribunal's order is clear and directive. It has instructed the insurance company, National Insurance Company Ltd, along with the truck's driver and owner, to deposit the awarded compensation amount along with the applicable interest. The interest is to be calculated from the date of the filing of the claim petition until the actual payment is made.
This verdict highlights the critical role of the Motor Accident Claims Tribunal in providing a legal recourse for families devastated by road accidents. It reinforces the principle of accountability, ensuring that victims' families receive financial support from those found responsible. The case also serves as a reminder for vehicle owners and insurers about their liabilities in the event of accidents caused by negligence.
For the family of Jitender Kumar, the tribunal's award, though it cannot replace their loss, offers crucial financial security and a sense of judicial closure. The order mandates that the compensation be distributed among the legal heirs as per the terms of the tribunal's detailed judgment, ensuring the funds are used for their welfare.
