Mercedes-Benz car owner to pay Rs 1.4 lakh for damaging Army Ambassador

The offending car owner did not appear before the court to contest the case and was later on proceeded ex-parte.

“…In this case,after the accident an FIR was registered with police station R K Puram against driver of offending car under the relevant provisions indicating rashness and this fact alone would lead credence to the assumption that the driver drove the vehicle in a rash and negligent manner which resulted in the accident.

“The said accident has directly inflicted damage on the property of the petitioner (Army) which can be admitted for claim of compensation under provisions of the Motor Vehicle Act,” MACT Presiding Officer Vineeta Goyal said.

The MoD approached the tribunal seeking compensation for the damage caused to its Ambassador car in the accident caused by the driver of Mercedes-Benz car.

It said the accident took place on May 15,2004 when the Army’s car being driven by Sunil Kumar was coming back to unit after dropping some officers at Greater Kailash area here.

When he was entering Rao Tula Ram Marg,there was no traffic signal at the crossing and when he was about to take a turn,the Mercedes being rashly driven by its driver came at a speed and hit the Ambassador car causing the damage.

The Ministry had sought a compensation of Rs 1,86,049 but the tribunal awarded it Rs 1.41 lakh saying it was entitled for the actual damage to the property.

“As the offending vehicle was a Mercedes-Benz registered in the name of Bhupinder Patel,therefore,he becomes vicariously liable to compensate the petitioner (Army),” the

tribunal said.