A Delhi Motor Accident Claims Tribunal (MACT) has awarded over ₹50.77 lakh as compensation to the family of a 36-year-old man who was killed in a road accident last year after being hit by a speeding dumper.
Presiding Officer Richa Manchanda delivered the verdict in favour of the widow, two minor sons, and mother of the deceased, Yogesh Chandra Upadhyay, who was employed as a senior operator at a private firm. The fatal collision occurred on July 29, 2023, when Upadhyay, while waiting at a red light on the Main GT Road near Khampur village, was struck by a dumper allegedly driven rashly and at high speed by accused Parmod Yadav.
The family had filed the claim petition against Yadav (driver), Krishan Kadyan (owner), and New India Assurance Co. Ltd (insurer). According to the petitioners, Upadhyay was grievously injured and rushed to SRHC Hospital in Narela, where he succumbed to his injuries.
Neither the driver nor the owner filed written statements or evidence despite being given opportunities, while the insurance company submitted a legal offer of ₹22.67 lakh. However, the claimants rejected the offer and the insurer did not press any defence based on policy violation.
Given that the liability was undisputed and the only issue was determining the appropriate compensation, the tribunal assessed the victim’s age, profession, and dependency of his family. Observing that Upadhyay was the sole breadwinner and all four claimants were financially dependent on him, the tribunal awarded ₹50.77 lakh under various heads, including loss of dependency, loss of love and affection, and funeral expenses.
The tribunal held the insurer liable to pay the entire amount as the dumper was insured at the time of the accident.
