Gurgaon: A motor accident claims tribunal has awarded Rs 18.3 lakh compensation to the family of a 32-year-old man, Yogender, who died after a dumper hit his motorcycle on Pataudi Road in March 2020. Though the dumper did not have a valid permit or fitness certificate, the tribunal, presided over by judge Amit Gautam, asked the insurer to pay the compensation first and granted it the right to recover the amount from the driver and owner for violating policy conditions.On March 15, 2020, Yogender was riding his Hero Splendor motorcycle home when a high-speed dumper struck him near Ballabgarh Mor on Pataudi Road. His cousin Ravi, riding separately, witnessed the crash, followed the dumper, and noted its registration number (HR-55-M-4557). Yogender died on the spot due to multiple injuries. The petition was filed by his wife, Laxmi, his minor son, and his mother.The dumper’s driver and owner initially filed written responses, denying the accident altogether and alleging that the FIR was fabricated. They later stopped appearing and were proceeded ex parte. The insurer, Universal Sompo General Insurance, contested liability, claiming that the dumper had no valid route permit or fitness certificate, that the FIR did not initially name any vehicle, and that the claimant’s version was unreliable.The petitioners examined Ravi as an eyewitness. The tribunal found his testimony credible and consistent with the FIR and the subsequent charge sheet. Ravi explained why he did not immediately record a statement — the police first shifted the injured to the hospital and recorded his complaint the next morning. The court held that this explanation was reasonable and did not undermine his credibility.The court relied on settled principles that strict rules of criminal evidence do not govern MACT proceedings, and negligence must be assessed on the touchstone of preponderance of probabilities, not proof beyond a reasonable doubt.The tribunal rejected the insurer’s argument, awarding Rs18,34,968 to the family. Though the dumper was insured on the date of the accident, the owner violated policy conditions with no valid permit or fitness certificate found. Citing Punjab and Haryana High Court precedent, the tribunal ordered the insurer to pay the family first, then recover the amount from the driver and owner.
