April 5, 2012 6:51:36 pm
The MCD has been directed by the Delhi High Court to pay nearly Rs 10 lakh as compensation to the kin of a woman who was killed after coming under the wheels of a civic body’s truck while crossing the road four years ago.
Dismissing the civic agency’s plea for reduction of compensation amount awarded by the Motor Accident Claims Tribunal (MACT) to the victim’s family,Justice G P Mittal enhanced the award amount from Rs 8,58,944 to Rs 9,73,225.
Accepting the submissions of deceased Tara Devi’s husband that she was 34 year-old and involved in tailoring work with a monthly income was Rs 7,000,Justice Mittal said that after computation “the overall compensation comes to Rs 9,73,225 (Rs 9,18,225 + Rs 55,000 for other expenses including funeral expenses) whereas the Claims Tribunal had awarded a compensation of Rs 8,58,944.
The court dismissed the MCD’s argument that the woman did not possess any professional qualification for work and said “in this case,the income of the deceased for gratuitous services in the absence of any evidence regarding her educational qualification shall be taken as the minimum wages f a non-Matriculate.”
The HC also rejected MCD’s argument that the truck driver has been facing trial in the criminal case registered against him on the charges of rash and negligent driving and the award of the tribunal was exorbitant and this court should reduce the amount.
“Mere registration of a criminal case may not be enough for proof of negligence even on the preponderance of probability yet in view of the observations made by the Tribunal coupled with the fact that the driver of the offending vehicle did not enter the witness box to prove the manner of the accident,it can be inferred that there was culpable negligence on the part of the driver in causing the accident,” the court said.
On July 18,2008,Tara Devi died while crossing the road and on the plea of victim’s husband,the MACT has awarded the compensation on March1,2011.
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