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 Motor Accident Claims

Motor Accident Claims

Thane, A ten-year-old girl, who was seriously injured and rendered disabled in a road accident in 2010, has been awarded a compensation of around Rs 4 lakh by the Thane Motor Accident Claims Tribunal here.

In his recent order, Tribunal member and district judge K D Vadane ordered the two respondents, the owner of the truck Ashraf Khalil Lonbal of Wada and the insurance company, (Bajaj Allianz General Insurance Company Ltd) to make the payment jointly and severally along with a interest at 8 per cent pa from the date of the claim application.

In her application to the Tribunal, the girl, a resident of Wagle estate in Thane city, then aged six submitted that on March 28, 2010 at about 6 PM, she along with her mother was riding pillion on a motorcycle driven by her father on Vajreshwari- Shirsad road.

In the vicinity of Shirsad village, she said that a truck coming from the opposite direction in a high speed dashed the motorbike, after which she fell down and sustained multiple injuries.

The accident occurred due to negligent and rash driving on the part of the truck driver and a crime was registered with Virar police station, it was submitted.

In her application, victim Mehak Anant Sharma stated that after the accident she was taken to Golden Park Hospital in Vasai, and thereafter shifted to Mahaveer Hospital in Thane.

During her treatment, she spent a huge amount on her injuries but was rendered permanently disabled. This has affected her education and also her working and future earning capacity, the Tribunal was told.

The owner of the truck did not remain present and order was issued ex-parte against him. The insurance company represented and contested the claim on various grounds which were dismissed by the Tribunal, which held that the minor applicant was 30 per cent disabled and deserves compensation based on that.

In his order, the judge observed “irrespective of the amount claimed, Tribunal/Court has duty to award just, equitable, fair and reasonable compensation.”

Therefore, the applicant is entitled for A just compensation which is more than what applicant claimed for.

The girl had claimed Rs 1,00,000 while the Tribunal granted her a compensation of Rs 3,98,029/, which included Rs 73,029 towards medical treatment and medicines; Rs 73,029 spent for special diet; Rs 5000 for attendance, Rs 10,000 spent for conveyance, Rs 10,000 towards pain and suffering, mental and physical shock, hardship, inconvenience, and discomfort etc. and loss of amenities in life.

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