Parents of accident victim to get Rs 14.73 lakh compensation
A district tribunal has awarded compensation of Rs 14.73 lakh to a farmer couple who lost their 23-year-old son in a road accident in 2010
Baban Bhiwa Bhoir and his wife Sangeeta had sought compensation of Rs one lakh following death of their son Sanjay Bhoir in the mishap on March 2, 2010.
The Thane Motor Accident Claims Tribunal in its order last week said it was “just and proper” compensation to the couple.
Sanjay, who was riding pillion on a motorcycle, was killed when a container truck rammed into it from the opposite direction on Ambadi-Wada road in the district.
The tribunal, presided by a sessions court judge S Y Kulkarni, held the National Insurance Company and the Venkatesh Logistics jointly responsible for the payment of compensation.
Bhoir told the tribunal that Sanjay was employed with Monotana Tyres at Wada tehsil and earning salary of Rs 9000 per month, and prayed for “just and proper” compensation.
The tribunal passed an ex-parte order last week granting an interest at the rate of 7 per cent to the claimants from the date of application for the claim.
An ex-parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
The owner of the vehicle did not attend the hearings and hence the case was decided ex-parte against him, while the insurance company contested the claim.
The counsel for applicants Natha Jadhav submitted copies of accident FIR, panchnama, chargesheet and medical papers before the court as evidence.
He claimed that the insurance company did not examine the driver of the container truck or submit any evidence.
“In view of my abovesaid discussion and findings and as I have already held that the accident occurred on the account of rash and negligent driving on part of driver of the trailer, it is difficult for me to hold that the claim is bad for nonjoinder of necessary parties, as pleaded by the insurance company,” the judge said in the order.
The tribunal considered “prospective rise” in the salary of the victim to arrive at the claim amount.
“Considering the nature of service which the deceased was doing and as his income was bound to increase in future due to lapse of time, I am of the view that 50 per cent amount of loss of dependency can also be granted to the applicants towards future prospective income of the deceased,” the judge said.
By including sum of Rs 4, 86,000, the total loss of dependency to the applicants can be worked out to the extent of Rs 14,58,000, the tribunal said.
In addition to this, the tribunal also granted Rs 10,000 to Bhoirs towards the loss of estate and Rs 5000 as funeral expenses, taking the total compensation to Rs 14.73 lakh.