In its order dated November 10, the tribunal said, “It is well settled law that negligence of the driver in case of road traffic accident is required to be established on the touchstone of preponderance of probability and standard of proof beyond reasonable doubt does not apply to claim petitions under the Motor Vehicles Act.”
New Delhi: A Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 18.32 lakh to the family members of a man who died in a road accident in 2023.
Headed by Presiding Officer Tarun Yogesh, the MACT was hearing a petition filed by the family members of Ashif, who died after a truck hit his motorcycle on October 9, 2023.
According to the plea, Ashif was driving his motorcycle when he was struck by a negligently driven truck near Pankha Road in Delhi. He was taken to DDU Hospital, Hari Nagar, where doctors declared him “brought dead”.
The cause of his death was found to be consistent with the heavy blunt force impact he suffered because of the accident. The driver and the vehicle owner did not rebut allegations of negligent driving in the witness box, prompting the tribunal to draw an adverse inference.
In its order dated November 10, the tribunal said, “It is well settled law that negligence of the driver in case of road traffic accident is required to be established on the touchstone of preponderance of probability and standard of proof beyond reasonable doubt does not apply to claim petitions under the Motor Vehicles Act.”
According to settled law, the presence of an FIR against the driver, along with the criminal record of the case showing completion of investigation by police, leading to the Final Report, was deemed sufficient proof to conclude that the driver was negligent.
The five petitioning members — Ashif’s mother, father and three sisters — had sought compensation. Since Ashif’s father was found to have his own independent income, he was not treated as a dependent but was still compensated under other heads of apportionment.
In the absence of proof of employment of the deceased, their notional income was taken as per the minimum wage of an unskilled worker applicable in Uttar Pradesh.
In the absence of statutory defences, the insurer of the offending vehicle, United India Insurance Co. Ltd, was held liable to pay the full amount to the victim’s family.