The kin of a 32-year-old man, who was killed in a 2010 road accident, has been awarded a compensation of Rs 13.05 lakhs by a claims tribunal which raised the amount from Rs one lakh sought by the deceased’ family.
Bharat Patil, who was the sole bread-winner of the family, was killed after his motorcycle was knocked down by a trailer truck coming from the opposite direction on August 12, 2010 on Manor-Wada road in Palghar district.
The claimants — Bharat’s wife Bharti Bharat Patil (28), his two children aged 8 and 4 and his aged parents — all residents of Mhasroli under Vikramgadh taluka, in their claim submitted before the Thane Motor Accident Claims Tribunal (MACT) that the mishap occurred due to the sole negligence on the part of the trailer’s driver and an offence was registered with the Wada police station.
Tribunal member and District Judge K D Vadane recently ordered Pramodkumar S Singh (owner of the trailer involved in the mishap) and Bharti AXA General InsuranceCompany to jointly and severally to pay the compensation to the family of the deceased.
The order was issued ex-parte against the trailer owner as he did not remain present to defend while the insurance company in its submission stated that the deceased was riding the motorcycle in a negligent manner and without a driving licence.
In his order, the judge noted that “in the absence of any rebuttal evidence, I have no hesitation to accept the contention of the applicants and come to conclusion that impugned accident occurred due to sole negligence on the part of driver of trailer and there was no negligence/contributory negligence on the part of deceased for the occurrence of the accident.”
Observing that the yearly income of the deceased was Rs 60,000, the tribunal said that though the applicants have claimed a compensation of Rs one lakh, they are entitled for a just compensation.
The MACT worked out the total compensation of Rs 13,05,000, including future loss of dependency, loss of estate, loss of love and affection and amount incurred for the funeral and last rites of the deceased.
( Source – PTI )
