Delhi MACT Awards ₹1.38 Crore Compensation in 2022 Dwarka Expressway Accident Case
A Delhi Motor Accident Claims Tribunal (MACT) has awarded ₹1.38 crore as compensation to the family of a 32-year-old engineer, Kaushal Mishra, who died in a car accident on the Dwarka Expressway in Gurugram in December 2022. The tribunal determined that the accident was caused by the rash and negligent driving of the car's driver, Aman Kushwaha.
The presiding officer, Sudeep Raj Saini, reviewed the claim filed by Mishra's family, which asserted that the accident was a result of Kushwaha's negligent driving. Reports indicate that Mishra was on his way home when the collision occurred, resulting in fatal injuries.
The Motor Accident Claims Tribunal (MACT) South-West District, Dwarka Courts, New Delhi, considered a Detailed Accident Report (DAR) prepared by the police, which confirmed that Mishra sustained injuries in a road traffic accident involving a private car allegedly driven rashly and negligently. Following the report, an FIR was registered, and a charge sheet was presented in court. The tribunal instructed the driver, owner, and insurer of the vehicle to submit their replies. The tribunal framed issues related to negligence and entitlement to "just compensation" based on the material provided.
Mishra's family presented an affidavit as evidence, relying on the DAR and medical documents from a government hospital. While the insurance company participated, they did not dispute the occurrence of the accident and instead submitted a legal offer. The driver and owner of the vehicle did not contest the proceedings.
The tribunal concluded that the accident occurred due to the negligent driving of the offending vehicle, based on the claimant's unrebutted testimony and the DAR.
The tribunal considered arguments from the claimant that he had lost his job because of the accident and should be compensated for loss of income. The insurer was directed to pay the compensation amount with an interest of 7.5% per annum from the date of filing the DAR (April 21, 2023) until the payment is realised.
The ruling underscores the importance of responsible driving and provides a measure of relief to the grieving family. The compensation awarded aims to address the financial hardships resulting from the untimely death of the 32-year-old engineer.
