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Presiding Officer Sudeep Raj Saini was hearing the claim petition filed by the wife and parents of deceased Kaushal Mishra demanding compensation.
According to the petition, Mishra, a senior engineer in a private company, was returning home on his motorcycle through the Dwarka Expressway on December 11, 2022, when a car driven rashly and negligently by Aman Kushwaha hit the two-wheeler.
It said that due to the collision, Mishra fell on the road and suffered injuries. He died in the hospital 10 days later.
In an order dated December 10, the tribunal said, “From a holistic view, it is proved on the test of preponderance of probabilities that the accident in question was caused by rash and negligent driving of the offending car, which was being driven by respondent 1, Aman Kushwaha and owned by respondent 2 Mayank Kushwaha, leading to the death of Kaushal Mishra.” The tribunal said an eyewitness had testified that the attacking vehicle was coming from the wrong direction and hit the motorcycle, and that the deceased was wearing a helmet.
It rejected the insurer’s contention that the accident was caused by the sole negligence of the deceased, noting that no evidence was produced to show that Mishra was negligent in any way.
The tribunal awarded Rs 1.38 crore as compensation to the family under various heads including loss of dependency, medical expenses, funeral expenses, loss of property and loss of consortium. Four claimants were found dependent on the deceased.
The tribunal said that the accident vehicle was insured at the time of the accident and directed Tata AIG General Insurance Company Limited to deposit the compensation amount.