‘Accident took place due to rash driving’: Rs 28 lakh awarded to kin of man killed in 2022 BMW crash

“Petitioner has been able to prove on the scales of preponderance of probabilities that the accident in question took place due to rash and negligent driving of the offending vehicle by its driver/respondent no.1 on the date and time of accident,” Gupta said, adding that there was nothing on record to discredit the evidence of the witnesses of the accident.
Both the driver and the owner of the vehicle were held to be jointly liable to pay the amount to the victim’s kin.

On July 10, Ranjan Kumar, the victim (then 45 years old), got injured on the footpath of the main road, Lala Lajpat Rai Marg, in the national capital. Following the accident, he was rushed to AIIMS and declared dead on arrival.

According to the police, Shubham Jain, the driver, was driving the vehicle in “a rash and negligent manner”. CCTVs around the area had captured the accident.

Kumar’s wife Mamta Devi was held to be entitled to Rs 13.8 lakh according to the tribunal, his mother Ram Rati to Rs. 2.98 lakh. All three of his children are entitled to Rs. 3.98 lakh each, as per the tribunal.

While deciding the quantum of compensation to be granted to the victim’s family, the Tribunal looked at factors such as age of the victim, his income at the time of the accident, the appropriate multiplier, the marital status, and the number of dependents.