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Insurance Co. ordered to pay Rs 27 lakh compensation

A red car and one black crash in an accident

Thane, Dec 9 (PTI) Six years after she lost her husband in a car mishap, a woman has received a compensation of over Rs 27 lakh by the Thane Motor Accidents Claim Tribunal here.

Sessions Judge S Y Kulkarni asked respondent United India Insurance Co. Ltd to pay the compensation amount to the claimants with seven per cent interest and later recover the same from the owner of the offending vehicle.

Advocate V K Singh appearing for the claimants, who also include aged parents of the deceased (Ashok Durgaprasad Verma-26) told the Forum that he was having a business of building material supplies and earned an annual income of over Rs 1.5 lakh per annum.

It was on January 2, 2009 that he was proceeding in a taxi towards Bhiwandi, when near Banglapada village, the driver of the speeding car lost control and the vehicle turned turtle resulting in death.

The family members of the deceased– his wife Babita Ashok Verma (22), daughter Nisika Ashok Verma (1), father Durgaprasad Beg Raj Verma (50) and mother Vimala Durgaprasad Verma (45)– from Vasai, stated that they were eligible for a compensation of Rs 20 lakh.

The first opponent– owner of the taxi– Derick Peter Furtado– however did not respond following which the case was decided against him ex-parte.

Next, the version of the insurance company that the deceased was on the wheels was dismissed by the Forum as it could not prove the claim since the taxi driver Harish Luthra was also killed in the accident.

Also, another point that the driver of the vehicle (Luthra) did not have a valid licence to drive a passenger vehicle was accepted by the Forum.

In its order, the Forum said that in the information given by RTO there is a reference of Light Motor Vehicle (non-transport) and Luthra was driving a transport vehicle.

“Therefore, I am of the view and hold that though there is a breach of terms and conditions of policy on part of insured, the applicants are entitled to get the amount of compensation at first from the insurance company and the insurance company is at liberty to recover the said amount from the insured,” the judge said.

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