The Motor Accident Claims Tribunal (MACT) awarded ₹19 lakh in compensation to the family of a cyclist who died after being hit by a speeding motorcycle in 2019, holding the driver solely responsible for the fatal accident.
Presiding officer Amit Kumar Grover passed the order on a petition filed by Pinki Tiwari and her three children following the death of Dinesh Tripathi, a resident of Ram Darbar. Tripathi was riding his bicycle on the night of November 13, 2019, when a speeding motorcycle struck him near the light point of Centra Mall in the Industrial Area, Phase 1. According to the claimants, the motorcycle was driven at high speed and in a rash and negligent manner without warning, causing the collision. Tripathi sustained grievous injuries and later died during treatment at PGI. An FIR was subsequently registered at the Industrial Area police station.
During the proceedings, the motorcycle driver initially contested the claim, alleging that the deceased was negligent. However, the driver failed to produce any evidence to support the defence and later stopped appearing before the tribunal. The court proceeded against him ex parte, noting that the testimony of the eyewitness and the deceased’s wife remained unchallenged and consistent.
Relying on the eyewitness account, medical records, postmortem report, and employment documents, the tribunal concluded that the accident resulted from the respondent’s rash and negligent driving. The court assessed the deceased’s monthly income at ₹16,675 based on official employment records and applied the Supreme Court’s legal principles for calculating compensation. After adding future prospects and deducting personal expenses, the tribunal calculated the loss of dependency and included additional amounts under conventional heads such as loss of consortium, funeral expenses and loss of estate.
{{/usCountry}}Relying on the eyewitness account, medical records, postmortem report, and employment documents, the tribunal concluded that the accident resulted from the respondent’s rash and negligent driving. The court assessed the deceased’s monthly income at ₹16,675 based on official employment records and applied the Supreme Court’s legal principles for calculating compensation. After adding future prospects and deducting personal expenses, the tribunal calculated the loss of dependency and included additional amounts under conventional heads such as loss of consortium, funeral expenses and loss of estate.
{{/usCountry}}The tribunal fixed the total compensation at ₹19 lakh, along with 9% per annum interest from the date the petition was filed until realisation. Significantly, the offending motorcycle was not insured at the time of the accident. Consequently, the insurance company was removed from the case, and the entire liability to pay compensation was placed on the driver.
The compensation amount is to be distributed among the widow and the couple’s three children, with a portion earmarked for fixed deposits in the minor children’s names to secure their future. The tribunal directed the respondent to deposit the awarded amount within three months.