Doctor gets Rs 12.29 L compensation for injuries in accident

The Thane Motor Accident Claims Tribunal (MACT) in Maharashtra has awarded a compensation of Rs 12.29 lakh to a 37-year-old doctor who received grievous injuries in a road accident in 2009.

MACT member and principal district judge Virendra G Bisht last week ordered the offending vehicle’s owner and the New India Assurance Company Limited to jointly and severally make the payment to Dr Gulrez Rahimoddin Mansuri.

The claimant, who worked as regional medical officer at a well-known hospital, told the tribunal that he was returning from Lonavla (hill station in neighbouring Pune district) to Mumbai on his motorcycle on November 12, 2009 when a trailer hit his bike on Panvel-Sion road.

He received severe injuries in the accident and was advised complete bed rest for six months.

He told the tribunal that he spent over Rs 4 lakh on medicines, hospitalisation and other expenses, and lodged a claim of Rs 50 lakh against both the opponents.

The trailer’s insurer opposed the claim, saying he was riding the motorcycle in a rash and negligent manner due to which he lost control over the wheels and his vehicle dashed against the trailer which was moving at moderate speed.

The insurance firm further said no permanent disability was established on record by the claimant.

After hearing both the sides, judge Bisht said Mansuri claimed permanent partial disability to the extent of 62 per cent. “But there is no scientific evidence to satisfy the conscience of the tribunal in the absence of evidence of a medical officer for it,” he said.

But, it is clear from the claimant’s evidence that he took treatment at different hospitals for his grievous injuries, the judge said while awarding him Rs 12.29 lakh compensation towards medical expenses, loss of income, pain and sufferings and other costs incurred by him.

Delhi: Family of 73-yr-old road accident victim gets Rs 23 lakh compensation

The family of a 73-year-old man, who died in a road accident involving a rashly-driven mini bus, has been awarded a compensation of over Rs 23 lakh by a claims tribunal here.

Motor Accident Claims Tribunal (MACT) presiding officer Hemani Malhotra directed National Insurance Company Ltd, insurer of the vehicle, to pay Rs 23,13,000 to the wife and three daughters of Ram Avtar Sikka, who was hit by the speeding vehicle in 2015 when he was crossing the road in west Delhi.

The tribunal, while deciding the petition in the victim’s favour, relied on the relevant documents placed on record including the FIR, charge sheet, post mortem report of the victim and statement of an eyewitness of the accident.

The tribunal also noted that the driver of the offending bus did not cross examine the eyewitness or lead any evidence in his defence.

“Since, respondent/driver of the offending vehicle chose not to cross-examine the eyewitness and did not lead any evidence qua his non involvement in the accident, taking into consideration the unimpeached testimony the witness, it is established that the respondent was rash and negligent while driving the offending vehicle,” the tribunal said.

According to the petition, on December 16, 2015, Sikka was waiting to cross Pankha road in west Delhi when suddenly the RTV bus came at a high speed and hit him.

He sustained grievous injuries and was immediately taken to a nearby hospital but he succumbed to his injuries during treatment, it said.

MACT absolves insurance firm as claimants file fake policy number

An additional zero in the insurance policy number made all the difference when the Thane Motor Accident Claims Tribunal (MACT) settled a claim filed before it for a minor girl’s death.

Finding the policy number with the additional zero as fake, MACT member and district judge K D Vadane absolved the insurance company in the case and directed the owner of the offending tempo to pay Rs 5 lakh to the parents of the girl, who died in a road accident in 2013.

The claimants – Ganesh Ramulu Racha (33) and his wife Umalata Ganesh Racha (28) – residents of Padmanagar in Bhiwandi township here, told the tribunal that on November 2, 2013 their daughter Vaishnu (then aged 5) was crossing the Hanuman Tekadi road when a speeding tempo hit her.

The three-wheeler, being driven in a rash and negligent manner, ran over the girl, who sustained severe injuries in the accident and died on the spot, they said.

The tempo owner, who runs a textile firm, did not contest the case.

However, the insurer made respondent in the case – the Bajaj Allianz General Insurance Company Ltd – pointed out that the nine-digit insurance policy number ‘000062633’ mentioned in the claim was fake as it was never issued by it.

The insurance company submitted that every policy issued by it had an eight-digit number.

It also told the tribunal that a policy with number ‘00062633’ was issued by it for another vehicle for the period of 29.07.2008 to 28.07.2009.

The insurance firm further stated that the offending vehicle was not insured with it, and that the copy of policy mentioned on record by the applicants was fake.

However, the applicants submitted that the insurance company had not sent any notice to the owner or driver of the offending vehicle, and no criminal complaint was filed by it in respect of the fake policy. Therefore, the evidence adduced by the insurance” company be discarded.

But, the judge observed that not filing a criminal complaint was not a ground to discard the evidence of the insurance company.

Moreover, the insurance company filed on record the extract of its policy register which shows that the offending vehicle was not insured with it for that period, he said.

Also, it appears that the policy issued by the insurance firm ends with an eight-digit number and does not match with the policy certificate filed on record by applicants which has a nine-digit number (with four zeroes), the judge noted.

In such circumstances, “I have no hesitation in accepting the contention of the insurance company and to conclude that the certificate-cum-policy schedule filed by applicants on record is a fake one,” he said in his order on April 23, while relieving the insurance firm of the liability of paying the compensation.

The judge then awarded a total compensation of Rs 5 lakh to the girl’s parents and asked the tempo owner to pay it to them.

Family of road mishap victim gets Rs 12.91 lakh compensation

The family members of a 35-year-old woman, who died after being hit by a speeding car in 2015, have been awarded Rs 12.91 lakh compensation by an accident claims tribunal here.

Motor Accident Claims Tribunal (MACT) presiding officer Rajeev Bansal directed New India Assurance Company Ltd to pay the woman’s husband and their three minor children an amount of Rs 12,91,312 as compensation.

The tribunal, while deciding the petition, relied on the documents filed on record including the FIR, charge sheet, victim’s postmortem report and the vehicle’s mechanical inspection report.

According to the petition, the woman was an attendant in a school in Noida. On October 19, 2015, while walking on a service road, she was hit from behind by a rashly-driven Tata Indica car.

She was taken to a hospital but she died during treatment, it said.

The tribunal, while deciding the petition considered that she was earning Rs 10,000 per month and her husband was a tea vendor who claimed to be earning Rs 200 daily.

During the proceedings, the driver and owner of the offending car did not appear and they were proceeded exparte by the tribunal.

45-yr-old man’s kin get Rs 14.72 L compensation: Road accident

The family members of a 45-year-old man, who died after being hit by a car, have been awarded a compensation of over Rs 14 lakh by a Motor Accident Claims Tribunal (MACT) here.

MACT Presiding Officer Amit Bansal directed Tata AIG General Insurance Company Ltd, insurer of the offending car that hit the motorcycle of the victim, killing him on the spot in 2014, to pay Rs 14.72 lakh to his mother and three children.

The tribunal decided the petition in favour of the victim’s family after relying on the testimony of an eyewitness and documents produced on record, including a copy of the FIR, postmortem report and mechanical inspection report of the vehicle.

According to the petition, which claimed Rs 50 lakh for the death of victim Mahaveer, who was a driver by profession, the victim was on a bike with another man when he was hit by a car near Farruk Nagar in north-west Delhi.

During the proceedings, the insurance company had contended that it was not liable to pay the amount as the driver did not have a valid driving licence and the owner’s policy was not active.

The contentions of the firm were rejected by the tribunal.

The driver and the owner of the vehicle did not lead any evidence in their support.

Parents of 20-yr-old road mishap victim to get compensation of 12.93 lakh

The parents of a 20-year-old boy, who died in a road accident after the car he was travelling in turned turtle, have been awarded Rs 12.93 lakh as compensation by a Motor Accident Claims Tribunal (MACT) here.

MACT Presiding Officer S S Malhotra directed Bajaj Allianz General Insurance Company Ltd to pay the amount to the victim’s parents and rejected the firm’s contention that the policy was not in force when the accident took place.

“The court is of the opinion that irrespective of the fact that insurance is a subject matter of request and general principle of offer and acceptance do apply on them, yet such rules cannot be enforced unilaterally at the whims or fancies of the insurance company,” the tribunal said.

It decided the petition in favour of victim’s father Visun Paswan and mother Arun Devi who had approached the MACT alleging that their son had gone for immersion of goddess Saraswati in a tempo with other persons on February 5, 2014. While they were returning, the rashly driven vehicle went out of control and turned turtle near Bawana in north Delhi.

Due to the impact, all those in the vehicle suffered grievous injuries and were taken to hospital, where the petitioner couple’s son Jitender was declared brought dead, the plea said.

The MACT, while deciding the petition, relied on the testimony of an eye witness, the post-mortem report of the victim, the FIR, charge sheet and mechanical inspection report of the vehicle.

During the proceedings, the insurance company contended that it was not obliged to pay the amount as the insurance policy of the vehicle was yet to commence as per some rules and conditions. The claims of the insurance firm were rejected by the tribunal.

MACT here has awarded a compensation of Rs 5 lakh

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.

UP youth disabled in road mishap gets Rs 44 lakh compensation

UP youth disabled in road mishap gets Rs 44 lakh compensation
UP youth disabled in road mishap gets Rs 44 lakh compensation

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.

( Source – PTI )

Rs 12.45 lakh to road accident victim’s parents

Rs 12.45 lakh to road accident victim's parents
Rs 12.45 lakh to road accident victim’s parents

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.

( Source – PTI )

Man gets Rs 2.28 L compensation 7 years after accident

Man gets Rs 2.28 L compensation 7 years after accident
Man gets Rs 2.28 L compensation 7 years after accident

A district court here awarded a compensation of Rs 2.28 lakh to a man for a 2010 accident following which he could not work for 22 months, a senior official said today.

“Additional session judge Shivani Jaiswal awarded a total of Rs 2.28 lakh toward compensation to the victim,” Lalit Mudgal, Senior Prosecution Officer, said.

On August 20, 2010, Mahesh Tyagi was headed toward Vijay Nagar, in Ghaziabad, from Noida Sector 41 on his motorcycle when a speeding tempo hit him near Kendriya Vihar here.

Tyagi suffered critical injuries and his motorcycle was badly damaged. He had to undergo treatment for a few months.

He has already spent Rs 2 lakh as medical expenses.

The court awarded him Rs 1.10 lakh toward loss of wages for 22 months, Rs 68,845 toward medical treatment, Rs 50,000 for transport and mental suffering.

Before the accident, he worked as a purchase manager with a Jaipur-based distillery s Noida office at a monthly salary of Rs 10,000.

( Source – PTI )