Thane, May 24 UNI | 2 months ago

An aged couple from Musame village of Met in Wada of Thane district, who lost their young son in a road accident, in 2010 have been awarded a compensation of Rs 14.73 lakh as 'just and proper' compensation, by the Thane Motor Accident Claims Tribunal, Presided by Sessions Judge, SY Kulkarni.

The couple had lodged a claim of Rs 1,00,000 for the accidental death of their 23-year-old son and prayed the court to grant a 'just and proper' compensation, stating that the deceased was earning around Rs 9,000 per month and was working in the computer department of the Monotana Tyres at Wada.

In his order passed this week, the judge also granted an interest at the rate of 7 per cent to the claimants, from the date of application for the claim.

The judge held the owner of the trailer, Venkatesh Logistics Private Limited, and the Insurance Company and National Insurance Company and several others jointly responsible for payment of the compensation.

The parents, Baban Bhiwa Bhoir (54) a farmer, and his wife, Sangeeta (52), told the court in their submission, that it was on the fateful day of March 2, 2010 that their son, Sanjay was travelling as a pillion rider on a motorbike on the Ambadi-Wada road by moderate speed, when the speeding trailer coming from the opposite direction collided with the bike in a rash and neglate Manner.

Due to the impact of the accident, the motorcyclist and the pillion rider were knocked down, sustaining serious injuries, and Sanjay succumbed to his injuries in the hospital, they told the tribunal and lodged the claim.

The opponent owner of the vehicle did not not turn up and hence the case was decided ex-parte against him, and the insurance company contested the claim.

Natha Jadhav, the counsel for the applicants presented the police papers, FIR, Panchnama, Charge Sheet etc and the medical evidence before the court, to justify the claim and also examined those connected with the office of the deceased.

On the other hand, the insurance company did not lend any oral evidence and did not examine the driver of the offending vehicle, he pointed out.

In this order, the judge dismissed the defence version and stated, 'in view of my above­said discussion and findings, and as I have already held that the accident occurred on account of rash and negligent driving on the part of the trailer driver, it is difficult for me to hold that the claim is bad for non­joinder of the necessary parties as pleaded by Insurance company.'

In his order the judge finally observed, 'Considering the natu re of service which the deceased was doing, and as his income was bound to be increased in the future due to the lapse of time, I am of the view that 50 PC amount of the loss of dependency can also be granted to the applicants towards future prospective income of the deceased. Thus by adding an amount Rs 4,86,000 the total loss of dependency to the applicants, can be worked out to the extent of Rs 14,58,000.'

In addition to this, the judge granted Rs 10,000 towards the loss of estate and Rs 5,000 towards the funeral expenses, taking the total compensation to Rs 14.73 lakh, as a 'just and proper' compensation.

'Taking into consideration, the nature of proceeding, I hold that the applicants are entitled for interest at the rate of 7 pc per annum,' the judge added.

(Posted on 24-05-2014)