Chandigarh, September 30
Coming to the rescue of the family of a motorcyclist, who died in a collision with a nilgai in Panchkula, the Haryana Human Rights Commission (HHRC) has granted compensation of Rs 7 lakh to the victim's kin.
The Forests and Wildlife Department had refused compensation to the motorcyclist on the grounds that as per rules, only a pedestrian or a cyclist could get relief after a collision with a wild animal and not a motorcyclist.
No negligence detected
There is nothing on record to attribute negligence on part of the deceased motorcyclist. It has neither been stated that he was speeding nor has it come on record that he was driving rashly. HHRC bench
However, the commission declared the stand of the department illogical and unjustified.
On November 14, 2020, Mukesh Kumar (30), along with a pillion rider, was travelling from Raipur Rani to Naraingarh in Panchkula on a motorcycle. Upon reaching near Ferozepur village, the motorcycle collided with a nilgai. Mukesh sustained injuries in the collision and was taken to a Community Health Centre in Raipur Rani, where he died during treatment.
After the refusal of the compensation, Nisha Devi, Mukesh's wife, approached the HHRC.
The legal adviser in the office of the Chief Wildlife Warden submitted before the commission that Mukesh had intentionally ignored the warning and the cause of the accident was attributable to the victim. It was further submitted that in order to check poaching, government instructions were justified to exclude motor accidents for compensation.
The Bench, comprising Justice KC Puri (retd) and member Deep Bhatia, observed: "There is nothing on the record to attribute any negligence on part of the deceased motorcyclist. It has neither been stated that he was speeding nor has it come on record that he was driving rashly."
The commission added that in order to deny the claim, the department took the stand that according to government instructions, compensation was only granted to a pedestrian or a cyclist in case of sustaining injuries in a collision with a wild animal, not to a motorcyclist.
The Commission, in return, commented: "This stand does not appear to be logical and justified."
Quoting a Punjab and Haryana High Court judgment in the case of Sukhdev Kaur vs State of Haryana of 2016, where compensation was awarded after an attack by nilgai proved fatal, and considering the age of the deceased, the HHRC recommended the Additional Chief Secretary of the Forests and Wildlife Department to pay compensation of Rs 7 lakh to the victim's kin.
from The Tribune https://ift.tt/LI0WRgy
No comments:
Post a Comment