Owners of two vehicles involved in mishap told to pay 50-50

A Motor Accident Claims Tribunal has awarded ₹16.93 lakh to a percussionist of a Raas Leela troupe, to be paid jointly by the two vehicles involved in the mishap, after noting that the “accident appears to have taken place due to composite negligence”.

The victim along with other members of the troupe was travelling to Vrindavan from Chandigarh in a canter after performing at a Raas Leela. The victim suffered grievous injuries leading to the amputation of his left leg when the canter hit a truck plying ahead of it.

The victim had sought a compensation of ₹25 lakh.

‘Composite negligence’

“The accident appears to have taken place due to composite negligence of both the vehicles as the driver of the canter could not be stopped on account of failure to keep a safe distance and contributed to the unfortunate accident, said Presiding Officer Anoop Kumar Mendiratta.

“The contributory negligence of drivers of both the vehicles is apportioned as 50% each,” the court said.

“The National Insurance Company Ltd. (insurer of the offending truck) is directed to deposit ₹16,93,490 with interest at the rate of 9% per annum from the date of filing of the claim petition,” the Tribunal ordered.

“However, the firm can initiate appropriate proceedings for the recovery of 50% of the amount from the owner/insurer of canter since they are not a party to the present proceedings,” the Tribunal added.