The family of a 32-year-old man has been awarded Rs 11.43 lakh compensation by Thane Motor Accident Claims Tribunal for his death in a road mishap in 2011
Thane: The family of a 32-year-old man has been awarded Rs 11.43 lakh compensation by Thane Motor Accident Claims Tribunal for his death in a road mishap in 2011.
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MACT member and District Judge K D Vadane awarded the compensation of Rs 11.43 lakh to the victim's family, including his widow, parents and two minor daughters, all residents of Bhiwandi in Thane district.
Ashok Shivaji Pawar (32,) of Adivasi Pada in Bhiwandi, worked at Srikrishna Dairy Farm in Wada as a supervisor and drew a salary of Rs 6,000 per month.
According to the claimants, on November 1, 2011, Ashok was proceeding towards his residence on a motorcycle when a speeding jeep coming from behind hit his two-wheeler near Valshind village of Ganpati Pada in Bhiwandi. The victim fell from the bike. He sustained multiple injuries in the mishap and died on the spot.
The claimants are Ashok's parents Shivaji Laxman Pawar (55- age at the time of the accident), Putlabai Pawar (50), wife Sheshu Ashok Pawar (20), and daughters Asawani Pawar (2) and Heera Pawar (5 months).
It was alleged that the accident occurred due to sole negligence on part of the jeep driver, against whom an offence was also registered at Bhiwandi taluka police station. The applicants filed the claim against jeep owner Satish K Bhanushali and Bajaj Allianz Life Insurance Company.
The counsel for the claimants submitted that the deceased had bright prospects, therefore his prospective income may also be taken into consideration while granting them compensation.
The jeep driver did not appear before the tribunal and hence, the matter was decided ex-parte against him. The insurance company, however, contested the claim. It said the offending vehicle was used for commercial purpose, i.e. for carrying passengers on hire and reward basis, therefore there is breach of terms and conditions of policy.
After hearing both the parties, the judge observed that as per clause 'avoidance of certain terms and conditions of recovery' of the policy, the applicants are entitled to recover the compensation from the insurance company.
"In my view, though there is breach of terms and conditions of the policy, the insurance company is liable to first pay the compensation amount and recover the same from owner of offending jeep," the judge said in his recent order. The compensation of Rs 11.43 lakh includes Rs 9.18 lakhs towards future loss of dependency, Rs 1 lakh each towards loss of estate and loss of love and Rs 25,000 towards funeral and last rights.
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