Permanent Lok Adalat passed award in favour of victim of road accident.

In road accident, motorcyclist died and wife granted insurance amount of Rs. 15 lacs with the motorcycle insurance amount of Rs. 12,400 along with 9% interest granted.

Fatehgarh Sahib, 27 July

          Chief Judicial Magistrate cum Secretary, District Legal Services Authority Smt. Dipti Goyal gave information regarding applicant and her husband Avtar Singh while going to Gurudwara Jyoti Saroop, Fatehgarh Sahib from village Kotla Bajwara on motorcycle met with an accident. Applicant and her husband suffered injuries and remained admitted in various hospitals. Avtar Singh succumbed to injuries. Vehicle was having comprehensive insurance policy. Avtarsingh had paid insurance premium of Rs.1460/- at the time of taking policy. Premium of Rs. 350/- also paid for insurance of owner-driver for sum of Rs. 15 lacs. After her husband's death RajinderKaur claimed insurance and submitted relevant documents. Insurance company disputed the cause of death was due to injuries suffered in the accident and refused the claim.

          Rajinder Kaur approached Permanent Lok Adalat (PLA), Fatehgarh Sahib on 03.08.2022. After hearing both the sides Chairman and members of PLA gave decision in favour of Rajinder Kaur. An amount of Rs. 15 Lacs granted along with motorcycle insurance of Rs. 12,400/- and 9% interest granted. Rs. 10,000/- granted to victim as compensation.

          On 19.04.2021 Avtar Singh died in Road accident. He was admitted in Civil Hospital Fatehgarh Sahib and then Sohal Hospital Sirhind where he remained admitted for 12 days. On 18.05.2021, he was taken to Indus Hospital and then to Amar Hospital Mohali. Then taken to Eden Hospital Chandigarh on 23.05.2021, where he died due to Cardiac arrest.

          Evidence placed on record proved that deceased Avtar Singh (Husband of Applicant) met with road side accident on 19.04.2021 and suffered injuries and remained admitted in different hospitals. Respondent company did not prove that deceased was suffering from any pre-existing disease due to which he died. Similarly, not proved that it was a case of death due to infection of covid virus. As the report shows he was tested negative. Nexus between death and injuries suffered in the accident proved.

          Rajinder Kaur (Wife of Victim) entitled to receive sum insured of Rs. 15 Lacs from the insurance company due to death of her husband.  report placed in record prove that the net payable amount for the damage of insured Motor Cycle was 12,400. Also proved that driving license and registration certificate were okay. Insurance Policy was also valid at the time of accident.