Delhi Tribunal Awards ₹1.1 Crore Compensation to Family of Serviceman Killed in Crash

New Delhi, A motor accident claims tribunal here has given a compensation amounting to 1.1 crore to the family of a 43-year-old Army subedar who had died in an accident in the year 2021.

Presiding officer Sudeep Raj Saini noted that the fact that the deceased was riding his two-wheeler under the influence of alcohol did not necessarily constitute contributory negligence by the deceased.

Also Read: Shubman Gill Out, KL Rahul Takes Over as ODI Captain; Kohli and Rohit Return for Home Series vs South Africa

The tribunal was hearing a claim petition that was filed by relatives of Deepak Kumar who died after a truck crashed into his two-wheeler on July 5, 2021.

In an order dated November 18, the tribunal said, "It stands proved... that the accident in question was caused due to rash and negligent driving of the truck."

The tribunal observed that Deepak was riding his two-wheeler when he was under the influence of alcohol which as per the forensic report was beyond the allowable limit.

The court referred to the decision of a high court of Delhi of 2020, which observed, to find contributory negligence, that two things had to be established, one of them being that the quantity of alcohol exceeded the limit allowed, and that the other was that it was a cause of the accident.

The tribunal ruled based on the eyewitness account that the truck was driven in a negligent manner and due to this negligence the accident took place killing Kumar and there was no evidence to suggest that Kumar was riding his two-wheeler in a rash and negligent fashion.

Also Read: Palash Muchhal and Smriti Mandhana Postpone Wedding as Cricketer’s Father Is Hospitalised

"No contributory negligence can be attributed to the deceased on ground of intoxication," the tribunal said adding that, based on the high court ruling, the fact that one was under the influence of alcohol did not automatically define contributory negligence.

Noting that Kumar was also not wearing a helmet at the time of accident, the tribunal said, "This is not a case where the deceased sustained injuries limited to the head, which could arguably have been mitigated or prevented by the use of a helmet."

Then it paid the family compensation amounting 1.1 crore under different heads with the loss of dependency amounting to 98.88 lakh.

The tribunal ordered the insurer of the truck, which was National Insurance Company Ltd to bank the compensation.

Also Read: Bangladesh A vs Pakistan A Live Score: Irfan Khan Leads Favourites in Finale