Posted On by &filed under Consumer Law News.

The family of a young Bhiwandi-based businessman, who was run over by a truck in 2008, was awarded a compensation of Rs 43.55 lakh by the Motor Accident Claims Tribunal (MACT) here, which rejected their claim of Rs six crore.

MACT judge Y Kulkarni asked the owner of the truck owner Nisar Ahmed Jamal Khan and the insurance company IFFCO TOKIO General Insurance Co.Ltd to pay the compensation within one month at an interest of 7 per cent from date of claim in 2008 or else pay interest at 9 per cent till realisation.

The realised amount will be distributed as 50 per cent for the wife of victim Santosh Shantaram Bhoir, 30 per cent for his two-year-old child, and 10 per cent each to his two old parents, the judge said.

The claimants Papita Santosh Bhoir (22), Bhavesh Santosh Bhoir (2), Shantaram Tukaram Bhoir (53) and Sangeeta Shantaram Bhoir (48) informed the Tribunal that Santosh had multiple business in Shelar at Bhiwandi.

With three proprietary businesses namely, Santosh Doodh Dairy, Jai Hanuman Water Supply and Jai Hanuman Transport, he earned over Rs 2,50,000 per month, the Tribunal was told.

In their submission, they said that on June 25, 2008, when Santosh was proceeding on his motor bike towards Kalyan on Rajiv Gandhi bridge, the speeding truck came from behind and hit him resulting in his death on the spot.

The family said that rash and negligent driving by the truck driver led to Santosh’s death and thus claimed an amount of Rs 6 crore as compensation.

The owner of the truck was not represented and hence the case was decided ex-parte against him. However, the insurance company put forth its arguments, which were rejected by the court.

Leave a Reply

Be the First to Comment!

Notify of