E-Paper
Kin of Ambala youth killed in mishap awarded ₹77-lakh compensation
On August 11, 2020, the victim, along with two colleagues, was going to Jaipur for some official work, when their Toyota Fortuner met with an accident after the driver took a swift turn
The Motor Accident Claims Tribunal (MACT) has awarded ₹77.5 lakh compensation to the parents, wife and children of a 28-year-old man who was killed in a road accident in 2020.
The victim, Ankit Rathor, a native of Ambala, worked as a supervisor at a distillery in Ambala’s Bagwala village.
On August 11, 2020, he, along with two colleagues, Mandeep Kumar and Bhanu Partap, was going to Jaipur for some official work in a Toyota Fortuner being driven by Mandatta.
According to the claim petition by Rathor’s parents, wife and children, the car driver was driving rashly and on reaching Kharwad village in Rohtak, he suddenly noticed an exit on a flyover and swerved the car. But due to high speed, he ended up losing control, hit the wall of the flyover and the car overturned.
Rathor was seriously injured in the accident and taken to PGIMS, Rohtak, and then to Oscar Hospital, Rohtak, where he died during treatment.
The complaint was filed against the car driver, Mandatta of Badholi village, Ambala; car owner Sandeep Kumar, also of Badholi, and the vehicle insurer.
The car driver and owner filed a joint statement, denying any negligence on the part of the driver. They averred that the accident happened because of sudden appearance of exit from the highway, which the driver took abruptly when somebody from the rear seat asked him to take it. They denied remaining version of the petition and prayed for its dismissal.
The insurance company also sought dismissal of the plea and raised preliminary objection to its maintainability.
Five prosecution witnesses were examined before the tribunal. Among them, Bhanu Partap, an eyewitness and complainant in FIR, said the driver was driving fast and the accident could have been averted had he been driving carefully. He also denied the driver’s version that someone from the back seat had asked him to turn.
The driver is facing a separate trial under the FIR lodged after the accident under Sections 279 (rash driving) and 304-A (causing death by negligence) of the Indian Penal Code.
The tribunal observed that there was nothing on file to suggest that the driver could not go straight and take the next exit, if actually the vehicle was overspeeding and there was little time to take the exit at the alleged short notice. “The blame lies on the driver in taking a sharp left turn and then hitting the vehicle against the railing. Due to such sheer negligent driving, the life of Ankit Rathor was lost,” it noted.
Hence, ruling in favour of the petitioners, the tribunal awarded them a total compensation of ₹77.5 lakh, of which ₹12.5 lakh each will go to his two children, ₹10 lakh to his parents and ₹32.5 lakh compensation to his wife.
