Thaindian News

New Delhi, May 27 (IANS) A Delhi court has awarded over Rs.10 lakh as compensation to the family of a man killed in a road accident in 2007.

Motor Accident Claims Tribunal Judge Ashwani Sarpal awarded Rs.872,000, along with Rs.2 lakh interest, to the family members of 51-year-old victim Narayan Dass Billaiya. The motorcycle on which he was riding pillion was hit by a truck driven by Binni Narain in 2007.

The court held the driver guilty under the Motor Vehicles Act and asked the truck’s insurance company to pay the amount.

“A driver behind the wheels of a mechanically propelled vehicle is under bounden duty to observe necessary caution for avoiding striking other vehicles…having struck the motorcycle of the petitioner, causing grievous injuries on his person, Binni Narain was berserk and thus negligent,” the court said in its May 23 order.

Billaiya, who worked as a sales executive, was killed March 27, 2007, around 1.15 p.m. while going towards Kanjhawala area of outer Delhi with his friend. The truck came from the opposite direction and hit the motorcycle. The deceased fell down and was crushed under the wheels of the truck. His friend suffered minor injuries.

While filing the petition, Billaiya’s wife had sought Rs.25 lakh compensation.

The truck driver alleged that the accident took place due to the negligence of the deceased. However, Shurya Chakrobarty, the driver of the motorcycle who was an eyewitness in the case, claimed before the court that the truck was being driven in a rash and negligent manner. His submissions were supported by Delhi Police.

While the insurance company admitted that the offending truck was insured with it, the court order noted that it tried to avoid its liability on technical grounds.

“The driving license of the driver expired much before the accident took place. Therefore, it is not my liability,” the insurance company said.

But the court directed it to pay the awarded sum within a month along with an interest of 7.5 percent per annum from the date when the case was filed in June 2007. The interest would add up to around Rs.2 lakh.