Rs 2.52 crore compensation awarded to family of doctor killed in road accident

New Delhi: The wife and children of a 30-year-old senior resident doctor at Employees’ State Insurance Corporation (ESIC) Hospital, who tragically died in a 2023 road accident after being run over by a bus while riding a two-wheeler, have been awarded Rs 2.52 crore in compensation.

The family, initially dependent on her parents since the doctor was the sole breadwinner of the house, refused to take adequate compensation from the insurance company and pursued the case to fight for justice.

The directive was passed by the Motor Accident Claims Tribunal, which directed the New India Assurance Co. Ltd., the insurer of the offender's vehicle, to pay compensation to the victim's family.

District Judge and Additional Sessions Judge Shelly Arora was hearing the claim petition by the family members of the victim, Dr Yaseen Khan, who was run over by a bus while riding a two-wheeler on May 19, 2023.

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The claimant's advocate, Sumit Chaudhary, informed the tribunal that Khan was a senior resident doctor in a hospital earning more than Rs 1.43 lakh each month and that he is survived by his wife, three minor sons, a son who was born four months after his death, and his parents. The counsel argued that the accident occurred due to the rash and negligent driving of the offending vehicle.

In an order dated September 8, the tribunal cited a 2017 verdict of the Supreme Court, according to which, "In a case of death, the legal heirs of the claimants cannot expect a windfall. Simultaneously, the compensation granted cannot be an apology for compensation."

Noting the evidence before it, the tribunal stated that it was established that the vehicle driver's speedy and rash driving caused the fatal accident.

"The facts and circumstances (of a motor accident claim) must be considered in a broad and practical manner. It is also settled that proceedings under the Motor Vehicles Act are different from regular civil suits and are not strictly governed by the technical rules of the Indian Evidence Act," the tribunal said.

It said that the unborn child had to be considered a dependent upon the deceased on the date of the accident, reports PTI.

Following this, the tribunal then computed a total compensation of over Rs 2.52 crore under various heads, and directed the offending vehicle's insurer, New India Assurance Co Ltd, to deposit it.

Satisfied and overjoyed with the verdict, Bano told The Indian Express, “The last two years have not been easy for me and my children. My parents have supported me, and we had a tough time trying to pay for the education of the children and other necessary needs.”

"The first thing I will do with the money would be to build a house and work on securing my children’s future. Their father was a doctor, and it was his dream to make the children doctors too. I will utilise the compensation amount towards their education and ensure that my husband’s dream is achieved,” she added.

Her lawyer said, “The insurance company had initially offered an amount, but we did not accept it as we wanted to fight for justice. Dr Khan’s family spent their hard-earned money to educate him. He had also got selected for the armed forces but he didn’t join…Her family is very happy with the compensation granted by the court, as it will help secure the future of the children."

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