A Delhi Motor Accident Claims Tribunal has ordered an insurance company to pay Rs 30.45 lakh to the family of a newspaper distributor who was struck and killed by a wrong-way tractor in 2020.
Presiding Officer Manish Sharma directed Magma HDI General Insurance Company to clear the compensation, along with nine percent annual interest, within 30 days.
Details of the Fatal Collision
The victim, 42-year-old Umesh Chand Shukla, was delivering newspapers on his bicycle along Wazirabad Road in northeast Delhi’s Bhajanpura area on May 19, 2020. A speeding tractor traveling on the wrong side of the road collided with him, inflicting severe injuries. Shukla later died at a hospital.
In a ruling dated July 3, the tribunal held the tractor driver responsible for extreme neglect and default. The court based its decision on the testimony of an eyewitness who confirmed that the crash occurred due to reckless and negligent driving. The tribunal also drew an adverse inference against both the driver and the owner of the tractor because they chose not to contest the court proceedings or challenge the eyewitness testimony.
Rejection of Insurer’s Defense
During the hearings, Magma HDI argued against liability by claiming that an uninsured trolley attached to the tractor had caused the crash. The tribunal rejected this argument, stating that the evidence proved the tractor itself hit Shukla.
However, the court granted the insurance provider recovery rights, allowing it to seek reimbursement from the tractor’s owner and driver after paying the victim’s family. This decision was made because the driver did not hold a valid driving license at the time of the incident.
Income Assessment and Payout Details
Although the family claimed Shukla earned Rs 25,000 per month, they could not provide documentary proof of his income. Consequently, the tribunal calculated his monthly earnings at Rs 17,991, aligning with the minimum wage for a skilled laborer.
The final compensation package of Rs 30.45 lakh was determined by combining this base income with allowances for future prospects and standard legal categories, including funeral expenses, consortium, and loss of estate.
