National Insurance Co, driver to pay Rs 16 lakh compensation for mishap: Motor Accident Claims Tribunal

Jan 18 2013, 14:14 IST
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SummaryThe owner of the autorickshaw did not appear and hence the case was decided ex-parte against him.

as they failed to examine him, adverse inference can be drawn against the respondent."

"There is no reason to disbelieve his (Karia's) version in absence of any evidence led by the respondent in rebuttal. So, by accepting the evidence lead by the witness and from the police papers on record, I have no hesitation to hold that the driver of autorickshaw was rash and negligent in absence of any proof on record," the judge said.

The respondent insurance company failed to prove that it is a case of contributory negligence, the tribunal held.

Calculating the compensation to be given to the family of the police head constable, the tribunal took recourse to the guidelines given in the case of Sarla Verma by the Supreme Court, which said that the compensation should be based on the age, multiplier, and the number of survivors, especially children.

Accordingly, the tribunal arrived at a compensation of Rs 14.49 lakhs and also gave an amount of Rs one lakh towards hospital bill, Rs 60,177 for the medicines, Rs 15,000 towards consortium and Rs 3,000 towards funeral expenses.

Thus, the tribunal ordered a total compensation of Rs 16.27 lakhs along with an interest at the rate of nine per cent per annum, which was the bank rate at the time of the accident in 2004.

The tribunal further directed that upon realisation, an amount of Rs 75,000 each should be kept in FD accounts in the name of all the five claimants.

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