The Delhi International Airport (P) Ltd (DIAL) has been asked by a tribunal to pay Rs 81 lakh compensation to the families of two of its employees who died on duty when their fire tender overturned while performing a time-test drill.
The Motor Accident Claims Tribunal (MACT) ruled that the mishap had taken place due to DIAL's failure to provide proper infrastructure at the site where the drill was being held. It awarded Rs 51.49 lakh and Rs 29.51 lakh compensation, respectively, to the families of the deceased DIAL's senior coordinator Ashok Chand Verma and junior assistant Nidhish Yadav, who was driving the fire tender.
The families, however, will only receive compensation of Rs 43.56 lakh and Rs 22.4 lakh as the tribunal deducted 10 per cent each from the grand total citing negligence by the two victims who had not been wearing seat belts at the time of the accident. Moreover, it also noted that the two families have already received some money from DIAL under the Workmen's Compensation Act.
The additional compensation declared is to be paid by National Insurance Company Ltd, with which the fire tender was insured.
"In view of clear evidence of two eye witnesses (who were also in the fire tender at the time of accident), it is held that the accident was due not to the negligence of the deceased driver (Yadav) but due to the failure of DIAL to ensure proper light at the site and for want of anti-glare glass on the fire tender/anti-glare glasses for the driver. "If there was proper light at the place of accident, anti- glare glass on the fire tender and anti-glare glasses for the driver, he would not have been blinded by light suddenly falling on his eyes and the accident would have been averted," said the MACT Presiding Officer, Arun Bhardwaj.
The families of the two victims told the tribunal that the accident on May 29, 2009, had taken place when Yadav had been driving the fire tender with Verma sitting next to him. There were three other persons with them on the vehicle.
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