New Delhi: A Motor Accident Claim Tribunal
(MACT) has awarded Rs 44.52 lakh to family members of a
railway employee who was killed in a road accident two year
Presiding Officer MACT Gurvinder Pal Singh directed
Reliance General Insurance Company Ltd to pay the amount to
the kin of 54-year-old Ram Nayak who died after sustaining
injuries in the accident with a rashly driven car.
The court asked the insurance firm to pay as the vehicle
being driven by Bhagwan Dass was insured with it.
It held the driver of the Wagon-R car responsible for rash
and negligent driving resulting in the death of Nayak who was
working as Air-Conditioners Incharge in Northern Railways.
"A driver behind wheels of a mechanically propelled
vehicle is under bounden duty to observe necessary caution for
avoiding striking other vehicles, persons, the users of the
"Having failed to observe such bounden duty and having
struck the petitioner, causing him fatal injuries on his
person, respondent No.1 (driver) was berserk locomotion
and thus negligent," the court said.
The court computed the compensation taking into account
the salary of the deceased at the rate of Rs 60,793 per month,
loss of consortium and love and affection to his family
members among other things.
It also directed the insurance company to distribute the
amount of compensation among the wife, two daughters, a son
and the mother of the deceased.
Nayak, who was crossing the road at Janak Puri here, was
hit by the car on the night of December 11, 2008. He was taken
to a hospital where he succumbed to the injuries.