Victim sustained grievous injuries when a 3-wheeler hit him
A Motor Accident Claims Tribunal has awarded a compensation of ₹10.48 lakh to a pedestrian in a road accident case.
The victim had sustained grievous injuries when a three-wheeler hit him from behind. He was going to some place on foot.
The insurance company with which the offending vehicle was insured had offered ₹44,000 as compensation to settle the case, but the petitioner refused it.
The driver and the owner of the vehicle sought dismissal of the claim petition submitting that they were not involved in the accident.
The tribunal decided the liability of the driver on the basis of filing of a chargesheet against him by the police in the case and the evidence by the petitioner.
“It is evident from the testimony of the petitioner that the driver and the vehicle owner could not impeach his testimony through litmus test of cross-examination and the witness is found to have successfully withstood the test of cross-examination. Even otherwise, he himself is the injured having sustained injuries due to the accident in question,” Presiding Officer of the tribunal Devender Kumar Jangala said
“The content of the FIR would show that the complainant had disclosed therein the same sequence of facts leading to the accident, as deposed by him during the course of inquiry. Moreover, the respondents have not led any evidence to rebut the testimony of aforesaid witness on the aspect of accident in question,” Mr. Jangala further said.
Stating that the petitioner had suffered 30% functional disability, Mr. Jangala awarded the compensation.
“I award compensation of ₹10,48,500 along with interest at 9% per annum in favour of the petitioner and against the respondents w.e.f. date of filing of the petition i.e. August 24, 2015 till the date of its realisation. The insurance company becomes liable to pay the compensation amount as it is liable to indemnify the insured,” the Presiding Officer ordered.
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