New Delhi: The family members of a 39-year-old DTC driver, who died in a road accident involving a rashly driven car, have been awarded compensation of over Rs 37 lakh by a Motor Accident Claims Tribunal here.
The tribunal directed ICICI Lombard insurance firm, with which the offending WagonR car was insured, to pay Rs 37,59,570 to the wife, son and mother of victim Nahar Singh Lamba.
It refused to give compensation to his father, saying he was a retired policeman and was not dependent on his son.
The tribunal said the car driver has not appeared in the court to put his defence or to state that the accident was not due to his negligence.
"It has come on record that there was heavy fog at the time of accident. It was expected from respondent no 1 (car driver) to drive his vehicle slowly and more carefully considering the adverse weather conditions...
"It was noted that there is nothing on record to show that the claimant had any enmity with the driver of offending vehicle so as to falsely implicate him in the case. Therefore, this issue is decided in favour of the claimants (family) and it is held that the accident had taken place due to negligence of car driver," MACT Presiding Officer Arun Bhardwaj said.
According to Lamba`s family, the accident took place at 4.30 am on November 22, 2011 near Dwarka when the victim was going home from his workplace on his motorcycle.
A truck, loaded with steel rods, was parked on the road without parking lights and due to heavy fog that time the visibility level was low.
When Lamba, who was earning Rs 20,000 per month at that time, tried to overtake the truck, the offending car came from behind at a high speed and hit his motorcycle. Due to the impact the victim died on the spot, the family said.
The court, however, said that the accident took place due to the negligence of car driver only.