In Delhi, MACT orders insurance company to pay Rs 92 lakh to family of the deceased

Motor Accident of Claims Tribunal (MACT) of Delhi has ordered a health insurance company to pay over Rs 92 lakh compensation to the family of the person killed in a road accident.

On May 11, 2017, a motorcycle which was allegedly being driven in a rash and negligent manner hit Pradeep Kumar Srivastav from behind when he was taking an evening walk with his wife inside the NTPC township. He sustained serious injuries and died after a few days of the accident.

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Hardeep Kaur, a judge MACT ordered IFFCO Tokio General Insurance Company Limited to pay Rs 92,83,589 to Pradeep Kumar Srivastava's kin. He was employed as a senior manager with National Thermal Power Corporation Limited (NTPC) in Uttar Pradesh's Dadri district. Alakh Alok Srivastav, counsel of the petitioners told the MACT court that the deceased was earning Rs one lakh at the time of his demise and sought a total compensation of Rs 1,39,22,487 for the disgruntled family member.

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The wife of Pradeep of Kumar Srivastav told the tribunal court that it was the mistake of the truck driver because of which her husband died. The tribunal stated that ”The factors are sufficient to conclude that preponderance of probability is made out showing negligence of respondent number two [accused] in causing the accident.”

In a similar case, MACT Delhi had ordered an insurance company to pay 1.22 crore to the kin of a businessman who was killed in a road accident in Harayana.

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Rajesh Jain, a businessman was killed in a road accident while returning to home from one of his factories on January 4, 2014.
The tribunal said,” because of the discussion and the material and evidence which has come on record, it is held that the petitioners (family of Jain) have been able to prove based on preponderance of probabilities that the deceased (Jain) expired on above-mentioned date, time and place in a road accident caused due to rash and negligent driving of the offending vehicle's driver.” Rajesh Jain was survived by his wife, two sons and his parents.