The tribunal directed United India insurance company Limited, with which the offending DTC bus was insured, to pay Rs 28,50,012 as compensation to Delhi resident Sarfaraz, who was injured in the road accident in 2011.
“It is settled law that the term rashness and negligence has to be construed lightly while making a decision on a petition for claim for the same as compared to the word rashness and negligence as finds mention in the Indian Penal Code,” MACT judge Ajay Kumar Jain said.
“In view of the above discussion, petitioner (Sarfaraz) is able to prove that he suffered injuries due to rash and negligent driving of respondent 1 (bus driver),” the judge said.
According to the petition filed by Sarfaraz, the accident took place on September 23, 2011 when he had boarded the DTC bus at Jamia College bus stand here along with his friend.
The driver Shakeel Ahmed, without caring if the passengers had boarded the bus or not, sped the vehicle away and in that process Sarfaraz, who was standing on the foot board of the bus, got hit and sustained injuries, the plea said.
Due to the impact, he fell down and sustained grievous injuries which caused 90 percent disability in his right hand, it said.
The driver, however, contended that accident was caused due to rash and negligent act of Sarfaraz. No evidence was led by insurance company.
The tribunal, however, relied on the testimony of Sarfaraz and the doctor, who said that he had sustained grievous injuries.