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Family of accident victim gets Rs 46 lakh compensation - MACT

The Motor Accident Claims Tribunal (MACT), Pune, has awarded a compensation of Rs 46.26 lakh to the husband and 13-year-old son of a 39-year-old woman who was killed in a road accident on the old Pune-Mumbai highway at Pimpri in 2009. They had filed a claim of Rs 40 lakh and the MACT awarded more compensation considering age and earning capacity of the deceased.

MACT member N P Dhote ordered that the compensation be jointly paid by the truck's owner Aruna Jadhav of Pimpri and The Oriental Insurance Company Limited with seven percent interest from the date of filing the petition in 2010 till the realisation of the amount.

The deceased, Swita Devraju (39) of Chinchwad, was serving as a teacher with Hindustan Antibiotics School. She was a permanent employee and earned Rs 26,595 per month. On December 7, 2009, Swita and her friend Asha Bansode were going to Chinchwad via the old Pune-Mumbai highway. Swita was driving the two-wheeler. At around 5.30 pm , a truck came from behind and hit the two-wheeler. Swita died while Bansode sustained injuries.

Based on Bansode's complaint, the Pimpri police station had arrested the truck driver for rash and negligent driving.

In March 2010, Swita's husband Venkatrayyappa (46) and their son Prathmesh moved the MACT seeking Rs 40 lakh compensation. Advocate K K Bandal represented the family.

The truck owner did not appear before the tribunal while the insurance company submitted that the deceased herself was responsible for the accident due to her rash and negligent driving.

However, the judge observed that the accident took place in the middle of a 40-ft wide road and it was not dark at the time of incident.

The judgement said that the truck driver was responsible for rash and negligent driving. While driving heavy vehicle, more particularly on roads passing through cities, extra care is required to be taken. Considering the vicarious liabilty of the truck owner and the insurance company, they have to jointly pay the compensation amount".

Article referred: http://timesofindia.indiatimes.com/city/pune/Family-of-accident-victim-gets-Rs-46-lakh-compensation/articleshow/20830992.cms

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