Family members of a Delhi Police constable, who died in a road accident involving a rashly driven motorcycle, have been awarded a compensation of nearly Rs 32 lakh by a Motor Accident Claims Tribunal (MACT) here.
The tribunal directed IFFCO-TOKIO General Insurance Company Ltd, with which the offending motorcycle was insured, to pay Rs 31,90,144 to the wife, minor son and daughter of 28-year-old victim Rakesh Shokeen.
MACT Presiding Officer Deepak Jagotra rejected the arguments of the counsel for insurance company that it was a head-on collision and the impact was same on both the vehicles and, therefore, there was contributory negligence on the part of the deceased. "There is no force in the submissions made by the counsel for insurance company for the simple reason that eyewitness Surender Kumar in his cross examination has clearly stated that the offending vehicle had hit the motorcycle of the deceased from the side.
"The site plan also does not reflect that it was a head-on collision. Since the eyewitness has stated that the offending vehicle had hit the deceased from side, the manner in which accident had happened cannot be doubted and it cannot be said that it was a head-on collision. Therefore, the question of contributory negligence does not arise," the tribunal said.
Shokeen's wife said in her petition that the accident took place on June 30, 2009, when her husband was coming from Barakhamba Road on his motorcycle. When he reached Chhawla Village in southwest Delhi, the offending bike, being driven at a high speed and in a rash and negligent manner came from the wrong side and hit Shokeen's motorcycle.
Surender Kumar, who was an eyewitness to the accident, brought the victim to his house. Shokeen died later on, the petition said. The tribunal, while awarding the compensation, said the criminal record of the case has supported and corroborated the version of the woman.
Shokeen was earning over Rs 15,000 per month as a constable in Delhi Police. The driver and owner of the offending motorcycle did not appear before the tribunal which proceeded against them ex-parte.