Court awards 44.52 lakh to kin of road accident victim

The court asked the insurance firm to pay as the vehicle being driven by Bhagwan Dass was insured with it.

It held the driver of the Wagon-R car responsible for rash and negligent driving resulting in the death of Nayak who was working as Air-Conditioners Incharge in Northern Railways.

“A driver behind wheels of a mechanically propelled vehicle is under bounden duty to observe necessary caution for avoiding striking other vehicles,persons,the users of the road ahead.

“Having failed to observe such bounden duty and having struck the petitioner,causing him fatal injuries on his person,respondent No.1 (driver) was berserk locomotion and thus negligent,” the court said.

The court computed the compensation taking into account the salary of the deceased at the rate of Rs 60,793 per month,loss of consortium and love and affection to his family members among other things.

It also directed the insurance company to distribute the amount of compensation among the wife,two daughters,a son and the mother of the deceased.

Nayak,who was crossing the road at Janak Puri here,was hit by the car on the night of December 11,2008. He was taken to a hospital where he succumbed to the injuries.