Delhi tribunal gives Rs 30.45 lakh to victim’s family

A Delhi Motor Accident Claims Tribunal has awarded Rs 30.45 lakh as compensation to the family of a newspaper distributor who died after being hit by a tractor while delivering newspapers in northeast Delhi in 2020.

Presiding Officer Manish Sharma was hearing a claim petition filed by a family member of Umesh Chand Shukla and directed Magma HDI General Insurance Company, the insurer of the offending vehicle, to pay Rs 30.45 lakh along with interest at nine per cent per annum to the victim’s family.

In an order dated July 3, the court said, “This tribunal is constrained to hold respondent no.1 (tractor driver) guilty of gross neglect and default in driving the offending vehicle at the relevant time leading to the death of the deceased.”

According to the tribunal, Shukla, 42, was distributing newspapers on his bicycle on Wazirabad Road in Bhajanpura on May 19, 2020, when a tractor coming from the wrong side at high speed hit him. He sustained grievous injuries and later succumbed at the hospital.

Relying on the testimony of an eyewitness, the tribunal held that the accident occurred due to the rash and negligent driving of the individual behind the tractor.

It rejected the insurance company’s contention that the attached trolley, which was allegedly uninsured, had caused the accident, saying the evidence clearly showed the tractor hit the victim.

The tribunal also noted that the driver and owner chose not to contest the proceedings and did not challenge the eyewitness’ account, warranting an adverse inference against them.

For calculating compensation, the tribunal assessed the deceased’s monthly income at Rs 17,991 based on minimum wages for a skilled worker, as there was no documentary proof of his claimed income of Rs 25,000 per month.

It also added future prospects and compensation under conventional heads, including consortium, funeral expenses and loss of estate.

While directing the insurer to satisfy the award within 30 days, the tribunal granted it recovery rights against the driver and owner of the tractor, saying that the driver did not possess a valid driving licence at the time of the accident.