The Telegraph
Tuesday , December 28 , 2010
Since 1st March, 1999
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Rs 36 lakh for death in accident

New Delhi, Dec. 27 (PTI): A motor accident claims tribunal has awarded a compensation of over Rs 36 lakh to the family members of a civil engineer who was killed after being hit by a truck in 2006.

The tribunal’s presiding officer, Ashwani Sarpal, has directed New India Assurance Company to pay the amount to the family of the deceased Rakesh Kaul.

“There is a copy of the FIR on record which reveals that the accident took place because of rash and negligent driving of the offending truck by Sukhbir Singh (the driver). This fact is not denied in the written statement that he is facing trial in a criminal court for causing death of the deceased due to rash and negligent driving of the truck in question,” the court noted.

While deciding on the compensation, the court also took into consideration Kaul’s salary, who at the age of 42 was earning Rs 40,000 a month as a civil engineer with a private firm.

The conduct of the driver and the owner of the truck who decided to remain absent during court proceedings after a few hearings went against them. The court observed that the duo also did not care to produce the driving licence.

“The truck had hit the scooter of the deceased from behind and it is not their (truck driver and owner) defence that the scooter had suddenly come in front of the truck or the driver could not avoid the accident. The driver was caught at the spot of the accident and the truck being driven by him was seized by the police there,” the court said.

The court calculated the total amount of compensation of Rs 36.73 lakh, keeping in mind loss of financial dependence of the family among other things.

Kaul died on the spot on November 6, 2006, in the accident near Mangolpuri Chowk.

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