Page 56 - The Insurance Times November 2025

Legal Briefs

Tribunal cuts payout to cabbie's kin by verdict, highlighting the absence of evidence that Jamshed
maintained a safe distance from the truck ahead. "This fact
40% cannot be ignored that the deceased Jamshed, who was
The Motor Accident Claims Tribunal (MACT) has awarded driving his car, would be driving at some speed and thus was
only 60% of the eligible compensation amount to the family unable to apply brakes in time and control his vehicle, barg-
of a cabbie who died in a collision last year. The tribunal ing into the offending vehicle that stopped suddenly by ap-
found both the cabbie and the truck driver "equally respon- plying sudden brakes. Therefore, in view of the above, con-
sible" for the accident, pointing out that the former failed tributory negligence on the part of the ill-fated vehicle can-
to maintain a safe distance. not be ruled out," the tribunal observed.

Jamshed - a 40-year-old cabbie and father of five - died on It also emphasised that it was Jamshed's responsibility to
June 17, 2024, while driving from Tapukeda to Sohna. Around remain vigilant, keep a safe distance, and be prepared to
5pm that day, as he neared BKT company in Bhiwadi, a truck apply the brakes in time.
ahead of him - registered in Rajasthan - suddenly screeched
to a halt. Jamshed's car crashed into the rear of the truck, "The conduct of the driver necessarily leads to the conclu-
leading to grievous injuries. The cabbie died while being sion that the vehicle was being driven by him rashly as well
taken to hospital. as negligently. Therefore, in these circumstances, it cannot
be overlooked that the deceased Jamshed was also respon-
The following day, a case was registered against the truck sible for causing the accident and as such is liable for con-
driver at Bhiwadi police station under sections 279 (rash tributory negligence. Therefore, the negligence of the driver
driving) and 304A (causing death by negligence) of the IPC. of the car, i.e., deceased Jamshed, and the negligence of
In Aug last year, Jamshed's wife, Hansira, filed a petition the driver of the offending vehicle is assessed to be equal,"
before the tribunal, seeking monetary compensation. the order stated.

She said claimed that her husband was the sole breadwin- Consequently, the tribunal attributed 40% of the blame to
ner who earned Rs 30,000 a month for his family of seven. Jamshed, holding that only 60% of the compensation was
Hansira sought damages from the truck driver, Kailash Yadav, payable by the truck driver and his insurer.
the owner Kangana Logistics, which owned the vehicle, and
the insurer Oriental Insurance Company. "If 40% share of the blame is attributed to the deceased,
this tribunal holds that the driver of the offending vehicle
During proceedings at the tribunal, the truck driver and can be held responsible for contributory negligence to the
owner - represented by lawyer Pardeep Pangal - argued that extent of 60% only," the tribunal concluded.
Jamshed had been driving rashly and negligently.
Based on Jamshed's age and income, the tribunal calculated
The insurance company also contested the compensation an eligible compensation of Rs 25 lakh for his family. After
claim, raising questions about the truck's fitness certificate deducting 40% for "contributory negligence", the family was
and disputing the stated income of the deceased. awarded Rs 15.3 lakh. Of this, half will go to Hansira, while
the remaining amount will be divided among their five chil-
Presiding officer Sunil Kumar Dewan delivered the tribunal's dren.

50 November 2025 The Insurance Times