Rel­a­tives of ac­ci­dent vic­tim to get `6.73 lakh

Hindustan Times ST (Mumbai) - HT Navi Mumbai Live - - NAVI - Press Trust of In­dia let­ters@hin­dus­tan­times.com

THANE: The Thane Mo­tor Ac­ci­dent Claims Tri­bunal (MACT) has or­dered the driver and owner of an au­torick­shaw to jointly and sev­er­ally pay a com­pen­sa­tion of Rs6.73 lakh to the fam­ily of a man who died in a mishap in 2011.

MACT mem­ber KD Vadane di­rected the auto’s owner Ma­hadeo Mha­tre and driver Pradyum Mad­havi to pay the com­pen­sa­tion with 8 per cent in­ter­est from Jan­uary 2012 to the 55-year-old widow and son of de­ceased Dilip Tawde.

Vadane held that in­sur­ance pol­icy sub­mit­ted by the ap­pli­cants to the tri­bunal was not valid. The tri­bunal ex­on­er­ated the in­sur­ance firm from the re­spon­si­bil­ity of pay­ing the com­pen­sa­tion.

In their ap­pli­ca­tion filed in Jan­uary 2012, the widow Vai­jayanti Tawde and her son Av­inash, 27, res­i­dents of Airoli in Navi Mumbai, said MACT that the 62-year-old vic­tim was work­ing as a driver and earn­ing Rs10,000 monthly.

The pe­ti­tion was filed against the auto’s driver, owner and the in­sur­ance com­pany - If­fco Tokio Gen­eral In­sur­ance Com­pany Ltd. On Jan­uary 31, 2011, Dilip was rid­ing his bi­cy­cle in Ra­bale area of Navi Mumbai, when an au­torick­shaw rammed into him which re­sulted into his death.

The pe­ti­tion claimed that the mishap oc­curred due to neg­li­gence of the auto driver and hence its owner and the driver were li­able to pay a com­pen­sa­tion of Rs5 lakh to them.

Both the driver and the owner did not ap­pear and the mat­ter was de­cided ex-parte against them. The in­sur­ance firm’s coun­sel KV Poo­jari chal­lenged the age, ser­vice, depen­dency, and neg­li­gence on the driver’s part.

He said the pol­icy be­fore the tri­bunal was not valid at the time of ac­ci­dent and hence the claim be dis­missed. The tri­bunal said the ap­pli­cants had proved the case against the auto’s owner and driver. The com­pen­sa­tion will in­clude Rs4.48 lakh to­wards loss of depen­dency, Rs1 lakh each to­wards loss of es­tate, love and af­fec­tion and Rs25,000 to­wards the last rites of the de­ceased.

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