A Motor Accident Claims Tribunal in Delhi has granted ₹18.32 lakh as compensation to the family of a 2023 road accident victim, holding the insurer liable to pay the full amount.
Presiding Officer Tarun Yogesh passed the award on a petition filed by the family of Ashif, who died on October 9, 2023, after a truck hit his motorcycle near Pankha Road. He was rushed to DDU Hospital, Hari Nagar, where he was declared “brought dead.” The medical findings linked his death to a heavy blunt force impact consistent with a road collision.
The tribunal noted that the truck’s driver and owner did not step into the witness box to contest the allegation of negligent driving, which led to an adverse inference being drawn against them.
Quoting settled legal principles, the tribunal observed that negligence in motor accident claims is determined on a preponderance of probability, not the stricter standard of “beyond reasonable doubt” used in criminal trials. It added that the presence of an FIR, along with the police’s completion of investigation and filing of the final report, was adequate to conclude that the driver was at fault.
Ashif is survived by his mother, father and three sisters. While the tribunal found that his father had an independent source of income and could not be treated as a dependent, he was still entitled to compensation under other permissible heads.
Since the family could not prove the deceased’s employment, the tribunal applied the minimum wage of an unskilled worker in Uttar Pradesh as the basis for calculating the notional income.
With no statutory defences made out, United India Insurance Co. Ltd., the insurer of the offending vehicle, was directed to pay the entire compensation.
