12.9L awarded to parents of accident victim

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The parents of a 20- year- old youth, who died in a road accident after the car he was travelling in turned turtle, have been awarded 12.93 lakh as compensation by a Motor Accident Claims Tribunal ( MACT). Tribunal presiding officer S. S. Malhotra directed the Bajaj Allianz General Insurance Company Ltd to pay the amount to the victim’s parents and rejected the firm’s contention that the policy was not in force when the accident took place. The MACT said, “The court is of the opinion that irrespective of the fact that insurance is a subject matter of request and general principle of offer, yet such rules cannot be enforced unilaterally at the whims or fancies of the insurance company.” The MACT decided the petition in favour of victim’s parents, who had approached the MACT alleging that their son had gone to immerse Saraswati idol in a tempo on February 5, 2014. While they were returning, the vehicle went out of control and turned turtle near Bawana in north Delhi. Due to the impact, all those in the vehicle suffered grievous injuries and were taken to hospital, where the petitioner couple’s son, Jitender, was declared brought dead, the petition said. While deciding the petition, the tribunal relied on the testimony of an eyewitness, the post- mortem report of the victim, the FIR, charge sheet and mechanical inspection report of the vehicle. During the proceedings, the insurance company contended it wan’t obliged to pay the amount as the vehicle’s policy was yet to commence as per some rules.