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Where there is no eyewitness, issue to be decided on evidence and documents - MACT

A motor accident claims tribunal (MACT) here has directed the United India Insurance Company to pay Rs 6.25 lakh compensation to the relatives of a 40-year old woman who was killed in a road accident near Vitthal Mandir on Dhanori Road on October 2012.

The tribunal, presided over by district judge N P Dhote, relied on cogent material evidence furnished by police while rejecting the insurance firm's claim that the accident did not occur due to rash and negligent driving on the part of the motorcyclist whose vehicle hit the woman, Rekha Sandip Sutar, causing her death. The company had insured the motorcycle.

Rekha had alighted from an autorickshaw near Vitthal Mandir on Dhanori Road when she was hit by a motorcycle around 12.30pm on October 31, 2012. She sustained multiple injuries and was admitted to the Sassoon Hospital where she succumbed to her injuries around 3.30pm, the same day. In the ensuing probe by the Vishrantwadi police, an offence of rash and negligent driving was registered against the motorcyclist Ganesh D Shinde.

Rekha's husband, Sandip (47), two children, Nikhil (20) and Savita (18), jointly filed a claim petition through their lawyer Ashish Patni, before the MACT on December 1, 2012 demanding compensation of Rs 7 lakh with interest at the rate of 9% per annum from Shinde and the insurance firm. While the case proceeding against Shinde was conducted ex parte, the insurance firm opposed the claim on the grounds that the accident did not occur due to rash and negligent driving by Shinde.

In an order passed recently, judge Dhote observed that none of the parties examined any eyewitness. As such, the issue ought to be decided on the basis of cogent material evidence or documents on record. Police papers relating to the investigation were not contested by either parties and hence were relied upon for establishing the charge of rash and negligent driving.

The court observed that there was nothing to show that the accident happened due to reason beyond the control of the motorcyclist or any mechanical defect in the bike. On the contrary, spot panchanama and other investigation papers indicated rash and negligent driving by the motorcyclist.

 Article referred: http://timesofindia.indiatimes.com/City/Pune/Insurer-told-to-pay-Rs-6-25-lakh-to-accident-victims-kin/articleshow/45041043.cms

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