Family of late army subedar gets Rs 1.1 crore compensation

A motor accident claims tribunal here has awarded Rs 1.1 crore as compensation to the family of a 43-year-old Army subedar who was killed in a 2021 road accident.

Presiding officer Sudeep Raj Saini observed that merely because the deceased was riding his two-wheeler under the influence of alcohol, it did not automatically establish contributory negligence on his part.

The tribunal was hearing a claim petition filed by family members of Deepak Kumar, who died after a truck collided with his two-wheeler on July 5, 2021.

In an order dated November 18, the tribunal said, “It stands proved... that the accident in question was caused due to rash and negligent driving of the truck.”

The tribunal noted that Deepak was riding his two-wheeler under the influence of alcohol, which according to the forensic report was above the permissible limit.

The tribunal cited a 2020 Delhi High Court verdict, which held, to establish contributory negligence, two elements needed to be proved — one, that the amount of alcohol was above the permissible limit, and two, that it contributed to the accident.

The tribunal said, according to the testimony of an eyewitness, the truck was being driven negligently, resulting in the fatal accident, and there was no evidence to prove that Kumar was riding his two-wheeler in a rash and negligent manner.

“No contributory negligence can be attributed to the deceased on the ground of intoxication,” the tribunal said, adding that, according to the high court verdict, being under the influence of alcohol did not “automatically establish contributory negligence.”

Noting that Kumar was also not wearing a helmet at the time of the accident, the tribunal said, “This is not a case where the deceased sustained injuries limited to the head, which could arguably have been mitigated or prevented by the use of a helmet.”

It then awarded Rs 1.1 crore as compensation to the family under various heads, including Rs 98.88 lakh for loss of dependency.

The tribunal directed the truck’s insurer, National Insurance Company Ltd, to deposit the compensation amount.