The tribunal directed IFFCO-TOKIO General Insurance Company Ltd, with which the offending motorcycle was insured, to pay Rs 31,90,144 to the wife, minor son and daughter of 28-year-old victim Rakesh Shokeen.
MACT Presiding Officer Deepak Jagotra rejected the arguments of the counsel for insurance company that it was a head-on collision and the impact was same on both the vehicles and, therefore, there was contributory negligence on the part of the deceased.
"The site plan also does not reflect that it was a head-on collision. Since the eyewitness has stated that the offending vehicle had hit the deceased from side, the manner in which accident had happened cannot be doubted and it cannot be said that it was a head-on collision. Therefore, the question of contributory negligence does not arise," the tribunal said.
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Surender Kumar, who was an eyewitness to the accident, brought the victim to his house. Shokeen died later on, the petition said.
The tribunal, while awarding the compensation, said the criminal record of the case has supported and corroborated the version of the woman.
The driver and owner of the offending motorcycle did not appear before the tribunal which proceeded against them ex-parte.