A CRPF employee, who suffered 54 per cent permanent disability in a road mishap here, has been awarded over Rs six lakhs as compensation by a Motor Accidents Claims Tribunal which deducted 25 per cent of the total damage saying the victim was driving his bike in an inebriated state.
The MACT presiding officer Arun Bhardwaj had initially awarded a compensation of Rs 8.15 lakh to 39-year-old Dalbir Singh but later on reduced it to Rs 6.11 lakh observing that he too was “responsible for contributory negligence” as he was driving his motorcycle under the influence of liquor.
“It is held that the petitioner was responsible to an extent of 25 per cent for contributing to the accident as he was driving a motorcycle in a drunken condition.
“Resultantly, total compensation payable to the petitioner would be Rs. 8.15 lakh. However, as the petitioner was 25 per cent responsible for contributory negligence, the total compensation payable to the petitioner would be Rs. 6.11 lakh”, the judge said.
The Tribunal asked The Oriental Insurance Co. Ltd., with which the vehicle in question was insured, to pay the sum.
Dalbir Singh told the Tribunal that on October 26, 2008, night he was hit by a rashly-driven tempo at high speed near the St. Mary’s school, Dwarka, here.
He was rushed to the Deen Dayal Upadhyay Hospital, which in its report, said the victim had suffered 54 per cent permanent disability in the right side of his body.
Ramesh Kumar and Ram Kishan, the driver and owner of the tempo respectively, in their statements, said the incident did not take place due to the negligence of the driver and that their tempo was not the offending vehicle.
The insurance company had, on the other hand, argued that even if it was proved that the offending vehicle was being driven by the driver, the victim himself was responsible for the accident as he was driving under the influence of alcohol and is therefore not entitled to any compensation from the driver.
However, rejecting the argument put forth by the insurance company, the judge said the “insurance company had not proved any defence. It has not brought on record any evidence to show that the insured vehicle was not involved in the accident. Therefore, compensation would be payable by insurance company,”.
http://www.financialexpress.com/news/crpf-employee-awarded-rs-6.11-lakh-as-compensation/1008277/
