Panchkula: Tribunal awards Rs31 lakh to deceased’s family, Rs4 lakh to injured in road accident

The Motor Accident Claims Tribunal (MACT), awarded compensation of ₹31.56 lakh to the parents of a 22-year-old man who died in a road accident, and ₹4.28 lakh to an injured plaintiff in the same case.

56-year-old Kaushalya Devi and her 69-year-old husband Dukha Paswan, residents of Sitamarhi district in Bihar, filed the claim petition in July 2024 following the death of their son, Amod Paswan. A separate claim petition was also filed by 36-year-old Mohan Lal, a resident of Tri Nagar, Delhi, who was injured in the accident.

As the case may be, Mohan Lal (driver), Amod Paswan and Vishal Kumar were returning from Dehradun to Chandigarh on the intervening night of 1st and 2nd May 2024 in a Bolero SUV. Amod was sitting in the front passenger seat, while Vishal was in the back seat.

At around 1.30 am, when they were nearing Bhagwali village on NH-7, a tipper, driven at high speed in a rash and negligent manner, allegedly veered into their lane in a zig-zag manner and suddenly braked in the middle of the road. The Bolero collided with the tipper from behind.

All three occupants suffered multiple serious injuries, and the vehicle was badly damaged. The tipper driver initially stopped, but fled the scene when he saw passers-by and left the vehicle behind.

The injured were first taken to the civil hospital, Sector 6, Panchkula, and later Amod Paswan was referred to PGI, Chandigarh, where he succumbed to his injuries on May 4.

An FIR under sections 279, 304-A, 338 and 427 of the IPC has been registered against the tipper driver at the Raipur Rani police station.

In their claim, the parents said that Amod Paswan was working as a laborer in Delhi. Meanwhile, Mohan Lal, who suffered serious injuries, argued that he continues to undergo treatment as an outpatient and has suffered a permanent disability, which affects his ability to work as a driver.

The respondents, including Gurvinder Singh, a resident of Rangran village, Panchkula (driver of the offending gallop), and Mehdwan Trading Company, SAS Nagar (owner), denied the involvement of their vehicle in the accident. The insurance company, SBI General Insurance Company Limited, argued that the FIR was filed with a delay of two days and claimed the deceased was not wearing a seat belt.

After hearing both sides, the tribunal, in its order dated April 16, partially allowed both the petitions. It held the manager and owner jointly and severally liable to pay compensation. As the vehicle was insured, the insurance company was ordered to comply with the award in the first instance.

The court awarded ₹31.56 lakh to the parents of the deceased Amod Paswan and ₹4.28 lakh to the injured Mohan Lal. Both claimants are also entitled to interest at the rate of 6% per annum from the date of filing of the petitions till the realization of the amount.