Delhi cab accident: Court awards Rs 2.83L to victim, allows recovery from car owner
The accident took place on June 8, 2015, near Palam Mor in Delhi Cantonment when the victim was going to the airport in a hired car. The court noted that the vehicle was in violation of the terms of the insurance policy and gave the insurance company ‘right to recover it’ (compensation) from the car owner.delhi Updated: Jun 20, 2017 18:37 IST
A Motor Accidental Claims Tribunal (MACT) has awarded a compensation of over Rs 2.83 lakh to an accident victim, a government official, noting that he was not in a position to attend work for 68 days due to injuries.
The accident took place on June 8, 2015, near Palam Mor in Delhi Cantonment. According to the petition, complainant Jagdish, who was working as an assistant director (Hindi) with the Directorate of Enforcement, had hired a car to go to IGI Airport from his residence in Rohini. He alleged that the driver drove the vehicle at a high speed, due to which the car struck a divider.
Jagdish deposed before the court that due to the accident, he sustained multiple injuries, including fracture, and remained on leave from work between June 8, 2015, and August 14, 2015, a total of 68 days.
“The petitioner has duly proved on record that he could not attend his duties and had taken leave from his office during the above said period. He is entitled for compensation for the above leave period even if the leaves taken by him were paid leaves as he had lost leaves to his credit, which could have been encashed or enjoyed by him later on,” the tribunal said.
The tribunal further noted that the offending vehicle was being used for commercial purposes on hire basis and it was in violation of the terms and conditions of the insurance policy of the vehicle.
The court directed the insurance company of the offending vehicle to deposit the award amount of Rs 2,83,295, along with interest, with ‘right to recover it’ from the car owner, who shall be liable for the consequences of the accident caused by his driver.
During the proceedings, the car driver and owner had claimed that the vehicle was not being driven at a high speed and the accident was not caused due to negligence of the driver and rather, it took place as the driver had taken a sharp turn to avoid collision with another vehicle, which was coming from the opposite direction.
In a reply filed by the insurance company, it claimed that the vehicle was being used for hire resulting in violation of the conditions of insurance policy as well as of the Motor Vehicles Act. So it cannot be liable for the damages claimed because of the accident resulting from use of the vehicle. It also claimed that it is the owner and driver of the offending vehicle who are liable to pay compensation, if any claimed by the petitioner.
The MACT, deciding the case in favour of the victim, observed that he underwent treatment in two different hospitals and later remained as an outdoor patient for about four months.