New Delhi, Jun 17 A motor accident claims tribunal in Delhi has awarded Rs 47.46 lakh compensation to the family of a 30-year-old man who died after a tempo allegedly being driven rashly and negligently applied sudden brakes, causing the motorcycle on which he was riding pillion to crash into it.
Presiding Officer Sunil Kumar was hearing the claim petition filed by the family of Shivaji Singh, who succumbed to injuries sustained in the accident on January 29, 2023.
In an order dated June 6, the tribunal said, “Victim Shiv Singh suffered fatal injuries in a vehicular accident (that) occurred on January 29, 2023 at 05:30 PM, at Shani Mandir Krishna Vihar Colony, Kanjhawala Road, Delhi, due to rash and negligent driving of vehicle, Tempo by respondent no. 1 Ashif Khan”.
According to the tribunal, Singh was riding pillion on a motorcycle after returning from the immersion of a Saraswati Puja idol when the tempo ahead of them suddenly braked near Shani Mandir on Kanjhawala Road.
The motorcycle collided with the vehicle, leaving both riders injured. Singh later died from his injuries.
The tribunal relied on the testimony of injured eyewitness Sujit Ram, who stated that the tempo driver had been driving at high speed and in a negligent manner before applying the brakes suddenly.
Rejecting the defence of the driver, owner and insurer, the tribunal noted that the driver did not enter the witness box to explain the circumstances of the accident.
It also observed that the insurer failed to produce evidence to support its contention that the motorcycle rider and the deceased were under the influence of alcohol.
"The claims tribunal, while dealing with the law of torts in motor accident cases, applies the principle of res ipsa loquitur," the court said while holding the tempo driver negligent.
The principle 'res ipsa loquitur' allows the plaintiffs to establish negligence of the defendant with circumstantial evidence and infers negligence from the very nature of an accident or injury in the absence of evidence.
The tribunal assessed the deceased's income on the basis of minimum wages of an unskilled worker as no documentary proof of earnings was produced. Taking into account the future prospects and applying the multiplier method, it computed the loss of dependency at about Rs 35.96 lakh.
The tribunal awarded a total compensation of Rs 38.24 lakh under various heads, including loss of dependency, consortium, funeral expenses and loss of estate. With interest at nine per cent per annum up to the date of the award, the payable amount came to Rs 47.46 lakh.
It noted that the tempo was insured at the time of the accident, and directed the insurance company to deposit the amount within 30 days.
