UT: Accident tribunal orders insurer to pay Rs 1 crore to mishap victims’ kin
The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed New India Insurance Assurance Company Limited to pay Rs 1.05 crore to two women and a child, all sisters and residents of the city, as compensation for the death of their parents in a July 2015 private bus accident at Rampur (near Shimla) in Himachal Pradesh.punjab Updated: Feb 11, 2017 13:31 IST
The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed New India Insurance Assurance Company Limited to pay Rs 1.05 crore to two women and a child, all sisters and residents of the city, as compensation for the death of their parents in a July 2015 private bus accident at Rampur (near Shimla) in Himachal Pradesh.
The company was the insurer of the bus and the amount is to be paid with 6% to the children of Prem Raj Kapoor (49) and his wife Himeshwari Devi (44).
Even as the driver had been warned to drive carefully by passengers that day (July 10, 2015) he did not pay heed, and the rash driving meant that the bus went into a deep ditch, killing the couple.
Kapoor and Devi belonged to Mandi, Himachal Pradesh.
Prem Kapoor worked as a technician in SJVNL Hydro Project Jhakhri, Shimla, and was earning Rs 45,000 per month.
He also had an agricultural income of Rs 1.5 lakh per annum. Himeshwari Devi worked as a tailor and earned Rs 15,000 per month.
The police registered a case under Sections 279 (driving or riding on public way), 337 (causing hurt by act endangering personal safety of others) and 304-A (causing death by negligence) of the Indian Penal Code against the driver.
It is not clear if any others passengers were killed that day and of their kin filed the case.
The daughters — Chetna Kapoor (21), Deepika Kapoor (19) and Nitika Kapoor (8) — claimed Rs 80 lakh as compensation for the death of their father and Rs 25 lakh for the death of their mother.
The plea was that they were totally dependent upon the earnings of the deceased.
The compensation will be divided equally among the three sisters.
In its defence, the insurance company had pleaded that the present petition was not maintainable because the alleged accident had not taken place due to rash and negligent driving by the driver of bus.
It also emerged that the driver did not have a valid driving licence at the time of the accident.
The insurance company was given right to recover the same from the owner, Anjali Mishra, who had handed her bus for driving to an unskilled individual not having a valid licence.