E-Paper
HC awards ₹8 lakh relief to kin of government teacher who died in a mishap in Chandigarh
Kamlesh Kumari was walking from her house in Raipur Khurd towards Chandigarh when she was hit by a bike at a light point while waiting to cross the road
The Punjab and Haryana high court has awarded ₹8.13 lakh compensation to the family members of a woman who died after being hit by a bike at a road crossing in Chandigarh in November 2012.
The high court bench of justice HS Madaan rejected the contention of the insurance firm and driver, who had claimed it to be a case of “contributory negligence”, and enhanced the compensation amount from ₹6.58 lakh.
It is be paid by the insurance firm, the driver and vehicle owner.
It was on November 5 evening that Kamlesh Kumari, a retired government teacher, along with her son Gaurav Johri was walking from their house in Raipur Khurd towards Chandigarh when she was hit by a bike at a light point when they were waiting to cross the road. She was taken to Government Medical College and Hospital, Sector 32, where doctors declared her brought dead.
Sandeep Singh was identified as the one riding the bike, but he did not have a valid licence. According to the complainant, he was driving rashly and had jumped the red light before hitting the victim.
The insurance firm, Tata AIG Insurance Company Ltd, had challenged the award of ₹6.58 lakh by the motor accident claims tribunal, stating the driver was not holding a valid licence and hence the firm was not liable to pay the compensation.
The victim’s family, on the other hand, demanded ₹30 lakh compensation in the HC.
Meanwhile, the driver and owner of the vehicle had claimed the accident took place due to negligence of the victim, who was crossing the road in violation of traffic rules.
However, the court upheld the finding of the motor accident tribunal, which had found Sandeep Singh responsible for the accident. The court also rejected the argument of the insurance firm, which claimed it to be a case of “contributory negligence”, and observed that legal heirs of the deceased were certainly entitled to recover compensation from the driver, owner and insurance company.
