Court awards Rs36 lakh to family of engineer killed in mishap in Delhi

A motor accident claims tribunal (MACT) has awarded over Rs36 lakh compensation to the family members of a civil engineer who was killed after being hit by a truck in 2006.

Presiding officer MACT Ashwani Sarpal directed New India Assurance Company Ltd to pay the amount to the family members of deceased Rakesh Kaul.

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

The court took into consideration several facts, including the salary certificate of Kaul, 42, who was getting Rs40,000 per month while working as a civil engineer with a private firm, to arrive at the amount of compensation.

The conduct of the driver and the owner of the truck they decided to remain absent after attending court proceedings for a few hearings went against them. They also did not care to produce the valid driving licence of the driver, the court said.

"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 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 noted.

It computed the total amount of compensation of Rs36.73 lakh, keeping in mind loss of dependency, and love and affection among other things.

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