The Motor Accident Claims Tribunal (MACT) here has awarded a compensation of Rs 5 lakh to the parents of a class 3 student who was mowed down by a speeding truck in 2016.
MACT member and district judge K D Vadane ordered the truck owner and the vehicle’s insurer to jointly and severally make the payment to the boy’s parents along with an interest at 8 per cent per annum from the date of filing of the claim.
The claimants, Sunil Sukhdeo Rathod (35) and his wife Bharthi Sunil Rathod (30), residents of Vitawa area in the Kalwa township here, told the tribunal that their son Ajit Rathod, then aged 9, was walking with other children when a speeding truck mowed him down on Vajreshwari-Ambadi road on October 29, 2016.
The boy died of multiple injuries sustained in the mishap.
The parents informed the tribunal that their son was a bright student and his death was a great loss to them.
They filed a claim of Rs 7 lakh from the owner of the truck and its insurance company.
The truck owner and the New India Assurance Company Limited contested the claim.
However, MACT member Vadane observed that the driver drove the truck in high speed, and in a rash and negligent manner, as a result of which the vehicle hit the boy.
He said the opponents have not examined any eyewitness of the accident, including the truck driver.
Therefore, in the absence of any rebuttal evidence, the contention of applicants which is corroborated by the police papers on record appears to be trustworthy, he said.
Holding the vehicle owner responsible for the tortious act of the driver, the tribunal, in an order issued last week, asked both the opponents to pay Rs 5 lakh to the boy’s parents.
A 20-year-old youth, who lost his leg after being hit by a truck and falling in a ditch, has been awarded Rs 44 lakh compensation by a Motor Accident Claims Tribunal (MACT) here.
The tribunal directed Cholamandalam MS General Insurance Company Ltd to pay Rs 44,29,000 to victim Dharmendra Singh, who was riding pillion on a bike when the truck came from the wrong side and hit the two-wheeler which fell into a ditch severely injuring him.
MACT Presiding Officer Rajeev Bansal decided the petition in favour of Singh while relying on the documents on record including the FIR, charge sheet and medical report of the victim.
The tribunal also noted that the driver of the offending truck and the insurance company did not lead any evidence in rebuttal of the claims in the petition.
“The above is sufficient to conclude that preponderance of probability is made out showing negligence of respondent 1 (truck driver) in causing the accident,” it said.
According to the petition, Singh was sitting behind his friend on a motorcycle and was on his way to district Auraiya in Uttar Pradesh on November 18, 2014 when a rashly and negligently driven truck came from the wrong direction and hit their vehicle.
When Singh was taken to the hospital, he was informed that he has suffered 80 per cent permanent physical impairment on his right leg and would need an artificial limb.
A court of Noida today awarded a compensation of Rs 12.45 lakh to the parents of a man who was killed in an road accident in 2015.
The district court awarded the compensation to the victim’s mother Saroj Devi and father Prem Kumar. They will get equal amounts, Senior Prosecution Officer Lalit Mudgal said.
Half of the amount will be given by an account payee cheque and the rest will be deposited in a nationalised bank as a five-year fixed deposit in their names, Mudgal said, adding that the insurance company has been directed to pay the amount within 30 days.
On June 10, 2015, Nitish Rawal was killed in a road accident in Dadri after his motorcycle was hit by a speeding truck. He was 24 years then and earned Rs 7,365 a month. The truck was covered by insurance.
Facing flak over its “insensitive attitude” towards victims of rape and other women-related offences, the Maharashtra government today told the Bombay High Court that it would revise the Manodhairya scheme, raising the monetary compensation to victims to Rs 10 lakh.
Under the Manodhairya Yojana launched in October 2013, the state government gives a compensation of Rs 3 lakh to victims of rape and other crimes against women.
Apart from the monetary compensation, the government will also provide counselling to the victim and vocational or educational training, if required.
However, the high court, while hearing a bunch of petitions on the issue, had earlier said the Maharashtra government was “insensitive” towards such victims and that it should follow the footsteps of the Goa government, which awards compensation up to Rs 10 lakh.
The high court had formed a committee with two judges and bureaucrats from the state’s women and child department to evolve a model scheme.
The committee today submitted a 16-page scheme, proposed to be revised, to a division bench of Chief Justice Manjula Chellur and Justice M S Sonak.
Advocate General Ashutosh Kumbakoni told the court that the state government has agreed to implement the scheme submitted by the committee.
According to the proposed scheme, in rape cases, where the victim suffers mental retardation or incurs permanent physical or mental disability; in gangrape cases; minor victims of sexual assaults and acid attack cases, the victim will get a relief of Rs 10 lakh.
In rape case which leads to death of a woman and in case she was a working woman, the legal heir will get Rs 10 lakh and in case of a non-working woman, the legal heir will get Rs five lakh, as per the scheme.
The high court took objection to this and said, “Why are you discriminating between working and non-working women? The services of a home maker cannot be measured or valued in money.”
Kumbakoni then immediately said the amount would be increased to Rs 10 lakh even in case of a non-working woman.
The revised scheme, however, shall apply only to the victims on whom offences are committed on and after the date of the scheme coming into effect.
According to the scheme, the state government shall issue an appropriate government resolution specifying the date with effect from which it shall come into force.
Under the revised scheme, the State Legal Services Authority has been authorised to receive applications seeking compensation and take a decision on how much compensation should be awarded to the victim.
“Every year there will be a separate budgetary allocation for this purpose,” Kumbakoni said.
He said in cases where after trial, the court finds that the case was false or the victim turned hostile, then the compensation awarded to the victim will be recovered.
According to the scheme, in order to provide immediate emotional support to the victims, the government shall set up a specially trained trauma team for each district.
The team shall provide emotional support, guidance, medical help and psychiatric counselling free of cost.
The team shall comprise a woman counsellor, medical officer and a lady police officer and they would undergo appropriate training.
As per the revised scheme, the State Legal Services Authority, within seven days of receiving an application from a victim seeking compensation, may disburse a sum of Rs 30,000 to her.
The authority shall decide the said application finally within a period of 120 days from the date of receipt thereof, according to the scheme.
The bench, after perusing the scheme, directed secretary of the department concerned to file an affidavit and posted the matter for hearing tomorrow.
Family members of a 36-year-old man, who died in a road accident involving a rashly driven truck, have been awarded a compensation of Rs 17.80 lakh by a Motor Accident Claims Tribunal (MACT) here.
MACT Presiding Officer Rajeev Bansal directed Oriental Insurance Company Ltd to pay the amount to the wife, son and parents of victim Deepak, who was riding a cycle when he got hit by a truck in 2014.
The tribunal, while deciding the petition in favour of the victim’s family, relied on several documents including the man’s post-mortem report, mechanical inspection report of the vehicle and the charge sheet filed by the police.
According to the petition, Deepak was riding his bicycle on September 8, 2014 near ITO here when a negligently and rashly driven truck hit him. He fell down due to the impact and was taken to Lok Nayak Jai Prakash Narayan hospital where he underwent treatment but died two weeks later, it said.
The family of the victim sought Rs one crore as compensation for his untimely death.
During the proceedings, the insurance company claimed that the driver did not have a valid driving licence and thus be allowed to recover the amount from him. However, this contention was rejected by the tribunal.
The apex consumer commission has upheld a state panel’s order asking a recreational club in Surat to pay Rs 18 lakh as compensation to the kin of a man who collapsed at the club and subsequently died due to inadequate help from the staff.
The National Consumer Disputes Redressal Commission (NCDRC) asked the Surat City Gymkhana to pay the sum to its member Tarun Sharma’s family and said “there was no help whatsoever from the club” which “amounted to callousness and thus severe deficiency in service”.
“The very fact that they failed to produce any evidence at all, even by way of affidavits of their officials who were present and who provided first aid and who helped take the deceased to the hospital, speaks volumes and is self- incriminating,” the bench, headed by presiding member Anup K Thakur, said.
The commission also held that since the club provides certain facilities to its members against payment of a consideration comprising one time and recurrent fees, it is a service provider and the deceased was its consumer.
According to the complaint filed by Amritaben, wife of Sharma, he collapsed inside the club premises during morning walk on December 16, 2005.
Since there was no staff available, another member took him to a nearby hospital where he died the next day.
The club claimed that it was a natural death and under no circumstances, was it attributable to any other factor than “an act of God”. The club also contested that the death could not be related to any deficiency in service on the part of the Club.
The Gujarat state consumer commission had asked the club, its president and secretary to pay the amount jointly and severally to the kin of Sharma.
Later the club approached the apex commission which uphled the state commission’s decision.
A BJP youth wing leader today sought Re 1 as compensation from Delhi Chief Minister Arvind Kejriwal and AAP spokesperson Sanjay Singh claiming he was projected as the person who assaulted former minister Kapil Mishra.
The case was filed at the Tees Hazari court here.
Ankit Bhardwaj, a state executive member of Bharatiya Janta Yuva Morcha (BJYM), had earlier filed a criminal defamation petition against the AAP leaders for “wrongly taking” his name in the media by describing him as the person who had assaulted Mishra on May 10.
“That the plaintiff (Bhardwaj) assesses the damages at Rs one crore but has no knowledge of any valuable assets of the defendants (Kejriwal and Singh). So the plaintiff limits his claim to Re 1,” the plea said.
The apex consumer commission has rejected the plea of a man seeking compensation from a Punjab hospital for alleged negligence while operating on his fractured arm, saying the doctor could not be blamed for it.
The National Consumer Disputes Redressal Commission (NCDRC), while denying the relief, also observed that there could have been failure on the complainant’s part in following the medical advice.
“It is evident that after the surgery, x-ray was done which showed sufficient fixation of the implant. If the screws or the plates have loosened for some reason after surgery, the doctor who conducted the surgery cannot be blamed. Thus, we do not find any fault with the order of the State Commission allowing the appeal and dismissing the complaint,” an NCDRC bench presided by Ajit Bharihoke said.
The commission relied on the expert doctors’ report in the matter and said “As per the expert committee report, the screws alongwith the plate had already been fixed. However, plates and screws were found to have loosened. There could be many reasons for loosening of screws, namely, some accident or failure on the part of the patient to follow medical advice given by the orthopaedic surgeon at the time of discharge.”
It accepted the observation in the report that “in order to recover, the patient is expected to comply with the advice of the doctor.”
The NCDRC’s order came on the plea of Baljit Singh, a resident of Punjab, alleging that in January 2012, he had underwent a surgery of his fractured right arm which was fixed with screws and plates at a private hospital.
Four months later, he complained of pain in the arm and went to another hospital where he was told he needed a second operation as the arm had not healed.
Aggrieved by this, he moved a district forum against the private hospital and the surgeon who had operated on his arm, seeking a compensation of Rs 50,000. The plea was allowed.
However, the state commission reversed the forum’s order saying the complainant could not prove negligence on part of the hospital. The man then moved the NCDRC.
During the proceedings before the apex commission, the hospital denied the allegations contending that surgery was done with utmost care and the bone was set right with plates and screws, adding that it was possible that complainant’s injury did not heal because he suffered some accident or did not follow the doctor’s instructions.
The family of a senior company manager, who was mowed down by a tanker, has been awarded compensation of Rs 55.17 lakhs for the accident that took place on Shilphata-Mahape road in 2014.
The family of the deceased staying at Khadakpada in Kalyan, includes his wife, two children and parents.
The President of Motor Accidents Claims Tribunal (MACT) and Principal District Judge S M Gavhane ordered that the owner of a tanker and the National Insurance Company Ltd, should jointly and severally make the payment to the claimants with 9 per cent interest till the realisation of the amount.
The claimants Kavita Patil (40), Shruti Patil (16), Aalekh Patil (6), Govind Patil (73)and Prabhavati Patil (58) in their application stated that the deceased Rajesh Patil (45) was serving as Deputy Manager with a private firm and drawing a salary of Rs 30,000 per month.
On the morning of May 8, 2014 he was travelling as a pillion rider with his friend on the motorcycle from Kalyan to Rabale when a car travelling in front suddenly stopped and as a result the bike skidded and both of them fell on the road, the application mentioned.
The tanker coming from behind ran over the deceased who suffered severe injuries on leg and was later treated at four different hospitals. He succumbed to injuries at Nair hospital on August 14, 2014, counsel for the claimants S K Nawadkar told the tribunal.
She informed that the family incurred an expense of Rs 6 lakh on medical treatment and Rs 1.5 lakh on conveyance, funeral and other religious rites of the deceased.
The owner of the tanker did not contest the case.
However, the insurance company challenged the matter.
The judge after hearing both the parties held that the tanker driver was at fault and ordered compensation payment to the family members.
The compensation of Rs 55.17 lakhs included Rs 49,63,560 towards loss of dependency, Rs 1 lakh each towards loss of consortium, and care and guidance, Rs 25,000 towards funeral expenses and Rs 3,28,851 towards hospital and medical expenses.
The court ordered payment of Rs 8 lakh to each of the claimants by way of investment in fixed deposits. As regards the two children the money will be kept in the FD with their mother as the guardian.
Out of the balance amount Rs 4 lakh each to be paid to the parents and the remaining balance to be paid to the widow, the tribunal said in the order.