Skip to main content

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

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...
Post a Comment
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more