Skip to main content

Senior citizen gets 5L compensation in accident case. "Public place" defined

A senior citizen was awarded a compensation of Rs 5.13 lakh by the Thane Motor Accident Claims Tribunal on Monday. The 73-year-old woman had lost one of her legs after a speeding car ran over her in her housing complex in 2011.

Sessions court judge S Y Kulkarni ordered Sweety Jitendra Shah, who was the owner of the car, and National Insurance Company to jointly pay the compensation to the victim with a 7% interest within a period of one month. If they fail to do so, then they will have to pay an additional 2% interest till realization, the judge said.

The case dates to January 24, 2011, when the victim, Gumphabai Patil, was sitting in her building garden, along with her grandchildren, at 4.45pm when Sweety's driver lost control of the car and rammed into Patil. Since the car ran over her legs, Patil sustained severe injuries and her left leg had to be amputated.

While Sweety was not present for the proceedings, the insurance company argued that the claim was not tenable as the place where the accident took place was not a public area and the driver did not have a valid license.

However, the forum dismissed both the submissions and awarded the compensation to the senior citizen. The insurance company, in its submission, said that the accident had not taken place in a public place as contemplated in the Motor Vehicles Act. So, the application was not tenable and liable to be dismissed.

But the judge said, ''The scope of definition of public places under the act is wide enough to include any place that members of public use and to which they have a right of access. The right of access may be permissive, limited, restricted or regulated by oral or written permission by tickets, passes or badges or on payment of fees."

Article referred: http://timesofindia.indiatimes.com/city/thane/Senior-citizen-gets-5L-compensation-in-accident-case/articleshow/45181359.cms

Comments

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...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.