The motor accidents claims tribunal (MACT) presided over by Roopam Singh has directed the driver of an army truck and the vehicle owner, the Commanding Officer of 2nd Battalion Ladakh Scouts, Chandimandir, to pay `20.8 lakh with 7.5%interest to kin of a 59-year-old government employee, who got killed in a mishap.
Finding it a case of collective negligence, the tribunal reduced the amount of compensation to `20 lakh from `41.6 lakh as assessed after holding the victim, Bhag Singh, a resident of Sector 50, Chandigarh, equally responsible for the mishap.
“Negligence on part of the deceased, Bhag Singh, cannot be ruled out. Singh could have avoided the collision had he been cautious. But at the same time, had the truck driver been alert, he could have spotted the victim’s two-wheeler and avoided the mishap,” observed the tribunal.
“It is a case of contributory negligence where both drivers of vehicles involved are equally responsible for the accident,” ruled the court.
The compensation amount would be paid to Bhag Singh’s wife Tarnjit Kaur and her two sons. Both the parties can challenge the order in the high court.
On March 6, 2014, Bhag Singh on his two-wheeler was travelling from Matka Chowk towards the Government Press and his son was following him on another two-wheeler. As Bhag Singh approached Madhya Marg from the slip road at Government Press chowk, he was hit by an army truck being driven by Tsering Angchuk. Bhag Singh sustained injuries and subsequently died.
Contesting the claim, driver of the truck Tsering Angchuk and owner of the truck, Commanding Officer of 2nd Battalion, Ladakh Scouts, Chandimandir, denied that the accident had occurred due to their negligence.
victim was at fault too: court of inquiry
After the accident, a court of inquiry was ordered against Tsering Angchuk, which held that the accident occurred as the victim, Bhag Singh, failed to control his two-wheeler.