Delhi Court Directs Insurer to Pay Rs 1.1 Crore to Family of Deceased UP Constable
A Delhi court has awarded a substantial compensation of over Rs 1 crore to the grieving family of a 37-year-old Uttar Pradesh constable who tragically lost his life in a devastating road accident on the Mathura Bypass Flyover in Aligarh back in 2024. The court firmly held the insurance company liable to pay the entire amount, emphasizing that the offending vehicle was properly insured at the time of the unfortunate incident.
Details of the Tragic Accident
The fatal accident occurred on the morning of January 13, 2024, when Constable Dinesh Kumar was returning home from work on his motorcycle. According to court records, a car allegedly being driven in a rash and negligent manner rammed into Kumar's motorcycle from behind on the Mathura Bypass Flyover. The impact was so severe that Kumar suffered grievous injuries and was immediately rushed to JN Medical College in Aligarh. Tragically, he was declared brought dead upon arrival at the medical facility.
Presiding Officer Pooja Agarwal of the Motor Accident Claims Tribunal (MACT) was hearing a petition filed by the constable's widow, his elderly parents, and his minor children. The court noted that the cause of death was officially recorded as "haemorrhagic shock due to antemortem injuries", which medical experts confirmed was entirely consistent with injuries sustained in a serious road accident.
Court's Reasoning and Dismissal of Defense Arguments
The insurance company and other respondents had attempted to contest their liability by arguing that the accident occurred due to Kumar's own negligence. They pointed to several technical fallacies in the case, including the fact that the First Information Report (FIR) was initially registered against an unidentified vehicle and that only one eyewitness was examined, and that too after a delay of one month.
However, the court systematically dismissed these arguments. Judge Agarwal relied heavily on the testimony of eyewitness Maan Singh, who clearly stated that Kumar was hit from behind by the car, which was being driven at a dangerously high speed. The court emphasized that there was "not even a whisper" of evidence to suggest any rashness or negligence on the part of the constable.
In a significant observation, the tribunal stated that "an FIR is not expected to be an encyclopedia of all facts". The judge explained that the mere fact that the FIR was initially registered against an unknown vehicle does not disprove the involvement of the offending vehicle. Details about vehicles often surface during the course of investigation, and these facts "cannot be discarded" simply because they weren't mentioned in the initial FIR.
Final Judgment and Compensation Award
The Motor Accident Claims Tribunal concluded that the accident occurred solely because of the rash and negligent driving of the car driver. The court noted that the insurance company failed to establish any statutory defense that would allow them to escape liability. Since the offending vehicle was insured at the time of the accident, the insurer was held fully responsible.
After careful consideration of all evidence and circumstances, Presiding Officer Pooja Agarwal directed the insurance company to pay a total compensation of Rs 1.1 crore to the family of the deceased constable. This substantial award is intended to provide financial support to Kumar's widow, parents, and minor children who have suffered an irreparable loss.
The judgment serves as an important reminder about insurance liability in road accident cases and emphasizes that technicalities cannot override substantial evidence of negligence. The court's thorough examination of witness testimony and medical evidence ensured that justice was served to the family of the victim who lost his life in the line of duty.
