The Motor Accident Claims Petition (MACT) awarded compensation of ₹6.65 lakh to the parents of a seven-year-old girl who lost her life in a road accident.
The tribunal disposed of two claim petitions, arising out of the same accident that took place in July 2019. The first petition was filed by the parents of the deceased, Khushpreet Kaur, 7, a Class 1 student. The second, meanwhile, was filed by Sukhvinder Kaur, 34, the deceased’s mother who also sustained injuries.
The petition was against Amit Saini, the owner and driver of the car, and the Chandigarh-based Bharti AXA General Insurance Co Ltd.
The incident
The parents said the child was a bright student and sought a compensation of ₹60 lakh. It was stated in the petition that the accident took place in July 2019 when the claimants, along with the deceased, were on their way back home from the Mata Basanti temple in Ramgarh. A speeding car, being driven by Amit Saini, bearing a Haryana registration number came from the front and struck the claimants’ car.
The crash victims were taken to the General Hospital, Sector 6, where the seven-year-old Khushpreet was declared dead. A case was also registered at the Chandimandir police station and it was alleged that the accident was caused due to Saini’s rash and negligent driving
Saini, however, submitted that no accident took place with the offending car, saying the FIR was falsely registered at the insistence of the claimant.
{{/usCountry}}Saini, however, submitted that no accident took place with the offending car, saying the FIR was falsely registered at the insistence of the claimant.
{{/usCountry}}The insurance company, meanwhile, submitted that the driver did not have a valid and effective driving licence at the time of accident and vehicle was being driven in violation of the terms and conditions of the insurance policy, to reject liability to make the payment for any compensation.
The order
The tribunal, in the end, awarded compensation of ₹6,35,000 to the parents on account of the death of their deceased Khushpreet Kaur in the accident in question. The compensation shall be shared by both claimants (parents) in equal share.
In the second petition, the mother was awarded compensation of ₹30,000 on account of injuries sustained by her in the accident.
“The aforesaid compensation amount shall be paid by both the respondents jointly and severally with costs and interest at the rate of 6% per annum from the date of institution of the petition till realisation. Counsel fee is assessed at 3,300,” the tribunal order further read,.