Noida tribunal awards ₹1.56 Cr to family of woman killed in road accident

A Motor Accident Claims Tribunal (MACT) in Noida has awarded over ₹1.56 crore in compensation to the family of a 26-year-old woman who succumbed to injuries sustained in a road accident last year.

The tribunal, presided over by Pooja Aggarwal , passed the order while hearing a plea filed by the victim’s mother and sister against the driver, owner, and insurer of the offending vehicle.

The deceased, Srishti Sethi , was injured in an accident on the evening of October 20, 2023 , near Sector 62 in Noida. She was returning home on a motorcycle with her colleague, Aditya Sharma , when a speeding car rammed into two vehicles before crashing into their motorcycle from behind. Sethi sustained critical injuries and remained under continuous medical care before passing away on January 2, 2024 .

In its order dated April 7, the tribunal held that the accident was a result of rash and negligent driving . It invoked the legal principle of res ipsa loquitur meaning “the accident speaks for itself” noting that once the occurrence of the accident is established, the burden shifts to the respondents to prove otherwise, which they failed to do.

The tribunal rejected the driver’s defence that the accident was caused by a tyre burst or involvement of another vehicle , observing that the claim lacked supporting evidence and was not reflected in the chargesheet. Relying on eyewitness testimony and official records, the tribunal concluded that the claimants had successfully established negligence on the part of the driver and vehicle owner. It also dismissed arguments questioning the cause of death, ruling that the accident was the antecedent cause leading to complications, including septic shock, which ultimately resulted in Sethi’s death.

The tribunal further rejected the insurer’s claim of contributory negligence due to the alleged absence of a helmet, citing lack of evidence. While determining compensation, the tribunal noted that Sethi was employed as an associate project manager at a private firm and was the sole breadwinner of her family following her father’s death. It awarded ₹1.11 crore under loss of dependency , along with other amounts under various heads, taking the total compensation to over ₹1.56 crore, including interest.

Since the vehicle was insured at the time of the accident, the tribunal directed the insurer to pay the awarded amount within 30 days.