The Asian Age

Tribunal awards ` 15L to family of accident victim

- AGE CORRESPOND­ENT

A Motor Accident Claims Tribunal ( MACT) has awarded over ` 15 lakh as compensati­on to the family of a woman, who died after being hit by a motorcycle in 2014. MACT presiding officer Sukhvir Singh Malhotra directed United India Insurance Company Limited, the insurer of the offending vehicle, to pay ` 15, 82,000 to the husband and two sons of the 46year- old north Delhi resident, Prem Latha. The tribunal, however, gave liberty to the insurance company to proceed against the rider of the offending bike and recover the compensati­on amount as it had establishe­d that the north Delhi resident, Suresh, was riding without a driving licence. The tribunal said: “It is proved on record that respondent no. 1 ( Suresh) was not having any driving licence at the time of accident. Since, the driver has failed to produce any driving license, an adverse inference is drawn against him. Hence, the company has been able to establish its statutory defence… However, being the insurer, responded no. 3 ( the company) is liable to indemnify the insured of offending vehicle under section 149 ( 1) of the Motor Vehicles Act. Since it has been able to establish its defence, it shall be at liberty to recover the compensati­on amount from the registered owner, but after paying the compensati­on amount to the petitioner­s.” According to the complaint filed by the husband of the deceased, she was hit by the motor bike while they were walking across a bridge near Bawana, in north Delhi on April 30, 2014.

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