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Rs 1.19-crore damages to family that lost 2 members in accident

An FIR was registered for rash and negligent driving which caused death due to negligence.

The Motor Accident Claim Tribunal has ordered payment of a compensation of Rs 1.19 crore for the death of a TCS executive and his daughter in an accident, involving a taxi and a Canter, which was caused by the carelessness of drivers.

Balram Sharma, a resident of Sector 40, and his daughter Drishti died when the taxi in which the family was travelling from Delhi to Chandigarh, rammed into the rear of a Canter on June 3, 2010. The accident occurred because the taxi was being driven at a high speed and the Canter driver suddenly applied brakes in the middle of the road.

District and Sessions Judge S K Aggarwal, who is the presiding officer of MACT, awarded Rs 60 lakh to Sharma’s widow Reena Sharma, Rs 35 lakh to younger daughter Vanshika, and Rs 24.43 lakh to mother Nirmala Devi.

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In her application moved on June 15, 2012, Reena said that taxi driver Uday Shanker, a resident of Mohali, was driving rashly and they had warned him to be careful. About 4.30 am, near Samana Bahu in Karnal district, the taxi rammed into the rear of a Canter when its driver, later identified as Gurdev of Una, applied emergency brakes in the middle of the road.

Balram and 4-year-old Drishti suffered grievous injuries and were declared dead on arrival at hospital. An FIR was registered for rash and negligent driving and causing death due to negligence at Butana police station in Karnal against Gurdev and Uday Shankar.

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Reena told the tribunal that Balram, who worked as assistant consultant in the Tata Consultancy Services in Gurgaon, was earning an annual package of 36,974 pounds and the company was about to depute him to the UK.

But, due to his untimely death, the family virtually came to the verge of starvation, as it did not have any other source of income. Reena sought a compensation of Rs 4 crore for the death of her husband and Rs 5 lakh for the death of her daughter Drishti who was in a play school.

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The tribunal ordered both Gurdev and Uday Shankar to pay the family a compensation of Rs 1.19 crore, including costs. However, in the interest of justice, the court ordered that Bharti Axa General Insurance Company Limited, the insurer of the Canter, would make the payment of Reena’s share of Rs 60 lakh and then recover it from the two accused. It also ordered payment of Rs 35 lakh to Vanshika, Reena and Balram’s minor daughter, as an FDR in a nationalised bank with maximum interest, and Rs 24.43 lakh to Balram’s mother Nirmla Devi.

First uploaded on: 15-07-2014 at 12:50 IST
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