Kin of man killed in mishap, 3 others awarded Rs 11.4 lakh in damages

For killing a man and leaving three others injured, the Motor Accidents Claims Tribunal (MACT) has directed the owner of a speeding SUV to pay Rs 11.4 lakh with 7.5% interest to the injured and kin of the deceased.

For killing a man and leaving three others injured, the Motor Accidents Claims Tribunal (MACT) has directed the owner of a speeding SUV to pay Rs 11.4 lakh with 7.5% interest to the injured and kin of the deceased.

The victims, who worked as labourers with a brick kiln, were standing at a bus stop in Garhshankar on January 11, 2014, when a rashly driven Mahindra XUV 500 coming from Balachaur side hit them.

Based on the statements of the injured, the accident tribunal presided over by Shalini S Nagpal held Jagdish Singh Badhan, driver and owner of the SUV, responsible for hitting the four men and killing one of them.

The injured victims, Kawarshain alias Kuwar Sen and Mintu, both residents of Muzzafarnagar in Uttar Pradesh, Lakhwinder Shah alias Lucky of Hoshiarpur in Punjab, and Raiyat and his wife, parents of deceased Praveen alias Paramil, had moved court seeking compensation from Badhan, resident of Sector 27, Chandigarh.

The tribunal said awarded the parents of Parveen alias Paramil a compensation of Rs 9.33 lakh, while Kawarshian would be paid Rs 78,415, Lakhwinder Rs 67,640and Mintu Rs 61,792.

The tribunal said the amount of compensation was to be paid jointly and severally by Badhan and Bharti AXA General Insurance Company Limited, insurer of the vehicle, with 7.5% interest from May 2014 till actual realisation.

Rebuttal

In his defence, Badhan blamed the injured for negligence leading to the accident. He said a compromise was reached between the parties and they were adequately compensated. Hence, he was not liable to pay any more compensation.

Bharti Axa General Insurance Company Limited said no such accident occurred on January 11, 2014, and there was no record of it.