Mishap victim to get Rs 1.78 lakh | chandigarh | Hindustan Times
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Mishap victim to get Rs 1.78 lakh

chandigarh Updated: Jan 05, 2015 21:56 IST
Shailee Dogra
Shailee Dogra
Hindustan Times
Motor Accidents Claims Tribunal ( MCA)

Motor Accidents Claims Tribunal (MACT) has directed a driver of a speeding Toyota Innova to pay Rs 1.78 lakh as compensation, along with 7.5% interest, to a 60-year-old man, who he ran over with his vehicle.

The tribunal presided over by additional district and sessions judge Najar Singh on January 2 held Manimajra resident Sukhbir Singh guilty of 'rash and negligent driving' and directed him, vehicle owner Kuldeep Chand, resident of Manimajra, and insurer of the vehicle Bharti Axa General Insurance Company Limited to 'jointly and severally' pay the compensation to Kalawati, resident Sector 41, Chandigarh.

Dismissing the arguments of the driver, the tribunal held, “Tribunals are required to evolve their own procedure to meet the ends of justice, based on the principles of justice. If the driver is being tried on account of rash and negligent driving in a criminal case in court of law, it is prima facie safe to hold that the accident occurred on account of the rash and negligent act.”

Case

On July 2, 2012, Kalawati, along with two others, was crossing the road on foot near Shani Mandir, Madhya Marg, in Sector 19. While crossing the road, a speeding Toyota Innova hit her. She was shifted to Government Multi-Specialty Hospital, Sector 16, Chandigarh, from where she was referred to PGIMER, Chandigarh, as she had sustained fractures on the left leg, ribs, besides several other injuries.

Denial

Denying any negligence in driving, driver Sukhbir and car owner Kuldeep Chand said the petition was filed with intention to extract money. Insurer Bharati Axa General Insurance Company Limited said they were not liable to pay the compensation as the driver was not holding a valid driving licence.