The tribunal directed Reliance General Insurance Company, with which the offending car was insured, to pay Rs 10,30,198 to Rohit, a resident of Trilokpuri in east Delhi here, who was on his way home on his motorcycle when the negligently driven vehicle hit him in 2007.
"There is nothing on record to show that the petitioner had any enmity with the driver of the offending vehicle so as to falsely implicate him in the case.
"The driver (of car) has stood exparte. Therefore, the issue stands decided in favour of the petitioner (Rohit)," MACT Presiding Officer Ravinder Bedi said, while holding that the accident happened due to the driver's "negligence".
The tribunal also noted that despite repeated court orders and service by way of publication in local newspaper, the driver and the owner of the vehicle did not turn up before it and were proceeded ex-parte.
According to the petition, the accident took place when on the early morning of September 12, 2007, Rohit, who worked as a waiter, was headiNg home on his motorcycle and the car hit him near Mayur Vihar here.
Due to the impact, Rohit fell down and sustained grievous injuries. He was rushed to a nearby hospital and after treatment he was issued a disability certificate declaring 50 per cent disability in his left hand and leg, it said.
"I assess that due to the disability sustained, his (Rohit) capacity must have reduced, considerably restricting him from carrying his job," the Presiding Officer said while deciding his compensation amount.
The insurance company, through a written statement, contended that it was not liable to pay the amount as the car driver did not have a valid driving licence at the time of the accident.
The tribunal accepted its contention, saying the insurance company was liable to pay the compensation to the victim but with a liberty to recover the same from the driver and the owner of the vehicle.