New Delhi: A Delhi Motor Accident Claims Tribunal (MACT) has awarded Rs 28.02 lakh in compensation to the family of a 47-year-old man who died in a road accident in 2017. Presiding officer Vikram, in an order dated Oct 30, observed that rashness and negligence on the part of the bus driver were evident, noting that the accident occurred because the driver failed to follow traffic rules. The tribunal was hearing a petition filed by the family of Shaheed Ahmed, a truck driver who died after the bus he was travelling in met with an accident on the Yamuna Expressway on Nov 8, 2017. Explaining the legal standard applied in such cases, the court said that proceedings before an accident tribunal are similar to those in a civil court, where facts are determined based on a “preponderance of probabilities”, rather than the stricter standard of “beyond reasonable doubt” required in criminal cases. “The burden of proof in a civil case is never as heavy as that in a criminal case. In a claim petition under the Motor Vehicles Act, this burden is, in fact, even lesser than that in a civil case,” the court said. The tribunal awarded Rs 28.02 lakh to the family under various heads and directed the insurer, National Insurance Company Ltd, to deposit the compensation amount. The insurance company, however, argued that the accident was “shrouded in mystery”, pointing out that the FIR was filed on Dec 7, 2019—more than two years after the alleged accident. It also claimed that the petitioners had not submitted a mechanical inspection report, site plan, chargesheet, seizure memo or eyewitness statements. The company contended that the terms of the insurance policy had been violated and therefore, it was not liable to pay compensation.
