A motor accident claims tribunal has directed an insurance company to pay Rs 2.52 crore to the family of a man who died in an accident in Okhla in May 2023.
Presiding officer Shelly Arora observed, “In a case of death, the legal heirs of the claimants cannot expect a windfall. Simultaneously, the compensation granted cannot be an apology for compensation.”
Yaseen Khan was a 30-year-old senior resident doctor earning Rs 1.4 lakh per month. He was survived by two minor sons, his wife and parents. Another son was born four months after his death.
Considering the testimony of an eyewitness, the tribunal ruled that rash driving by the bus driver caused the accident. “It is a well-established legal principle that… the facts and circumstances must be considered in a broad and practical manner. It is also settled that proceedings under Motor Vehicles Act are different from regular civil suits and are not strictly governed by the technical rules of Indian Evidence Act,” it said.
Advocate Sumit Chaudhary, the counsel for the claimant, contended that there was no dispute regarding the identification and involvement of the bus and its driver. Chaudhary said Khan’s family was dependent on his earnings. He also highlighted that the untimely death had caused immense financial and emotional hardship to them.
New India Assurance Company did not raise any dispute regarding the cause of the accident.
