MACT Presiding Officer Arun Bhardwaj while holding that the rider of the offending motorcycle was driving negligently, directed Iffco Tokio General Insurance Company Ltd, with which the two-wheeler was insured, to pay the sum to to mishap victim Manoj Kumar's family.
"From the evidence of prosecution witness, negligence of respondent 1 (Sukhjinder Sandhu) in driving the offending vehicle which resulted in fatal injuries to the deceased is made out.
"The total compensation payable to the petitioners (family of deceased) would be Rs 27,63,736. Insurance company has not proved any of the statutory defences available to avoid its liability. Therefore, the compensation would be paid within 30 days from the date of this order by respondent 3 (insurance company)," the tribunal held.
Ved Prakash, the primary witness, had testified that he and the deceased were part of a group of 'kawarias' (a particular type of Hindu pilgrims) on their way back from Haridwar after a pilgrimage.
Prakash had said he and the victim were travelling on foot, as is the practice for pilgrims, who march to Lord Shiva's abode in Haridwar and back on foot during monsoon.
He said on August 8, 2010 at about 5.30 AM when they reached near, Mohan Nagar, Ghaziabad, a motorcycle having Uttar Pradesh registration number, driven at a very high speed and in a negligent manner, hit Manoj from the back with great force.
Prakash said as a result of the impact Manoj fell down on the road and sustained grievous injuries and later died in the hospital.
More From This Section
The rider and the owner of the offending motorcycle had denied the occurrence of the accident.
Out of the compensation, Rs five lakh each was apportioned by the tribunal in favour of the widow, three minor children and mother of the deceased, while the remaining amount of Rs 2,63,736 was released in favour of father of the deceased.