The Motor Accident Claims Tribunal (MACT), has awarded compensation of ₹31.56 lakh to the parents of a 22-year-old man who died in a road accident, and ₹4.28 lakh to an injured claimant in the same case.
56-year-old Kaushalya Devi and her 69-year-old husband, Dukha Paswan, residents of Sitamarhi district in Bihar, filed the claim petition in July 2024 following the death of their son, Amod Paswan. A separate claim petition was also filed by 36-year-old Mohan Lal, a resident of Tri Nagar, Delhi, who was injured in the accident.
As per the case, on the intervening night of May 1 and 2, 2024, Mohan Lal (driver), Amod Paswan, and Vishal Kumar were returning from Dehradun to Chandigarh in a Bolero SUV. Amod was seated in the front passenger seat, while Vishal was in the rear seat.
Around 1.30am, when they reached near village Bhagwali on NH-7, a tipper truck, driven at high speed in a rash and negligent manner allegedly swerved into their lane in a zig-zag fashion and suddenly applied brakes in the middle of the road. The Bolero collided with the tipper from behind.
All three occupants sustained multiple grievous injuries, and the vehicle was badly damaged. The tipper driver initially stopped but fled the spot upon seeing passersby, leaving the vehicle behind.
{{/usCountry}}All three occupants sustained multiple grievous injuries, and the vehicle was badly damaged. The tipper driver initially stopped but fled the spot upon seeing passersby, leaving the vehicle behind.
{{/usCountry}}The injured were first taken to civil hospital, Sector 6, Panchkula, and later Amod Paswan was referred to PGI, Chandigarh, where he succumbed to his injuries on May 4.
An FIR under Sections 279, 304-A, 338, and 427 of the IPC was registered against the tipper driver at Raipur Rani police station.
In their claim, the parents stated that Amod Paswan was working as a labourer in Delhi. Meanwhile, Mohan Lal, who sustained serious injuries, submitted that he continues to undergo treatment as an outpatient and has suffered a permanent disability, affecting his ability to work as a driver.
The respondents, including Gurvinder Singh, a resident of village Rangran, Panchkula (driver of the offending canter), and Mehdwan Trading Company, SAS Nagar (owner), denied involvement of their vehicle in the accident. The insurance company, SBI General Insurance Company Limited, argued that the FIR was lodged with a two-day delay and claimed the deceased was not wearing a seat belt.
After hearing both sides, the tribunal, in its order dated April 16, partly allowed both petitions. It held the driver and owner jointly and severally liable to pay compensation. Since the vehicle was insured, the insurance company was directed to satisfy the award in the first instance.
The tribunal awarded ₹31.56 lakh to the parents of the deceased Amod Paswan and ₹4.28 lakh to the injured Mohan Lal. Both claimants are also entitled to interest at the rate of 6% per annum from the date of filing of the petitions till realisation of the amount.