Accident victim gets Rs. 3 crore after 4-year court battle

  • HT Correspondent, Hindustan Times, Gurgaon
  • Updated: Feb 07, 2015 12:02 IST

The Motor Accident Claims Tribunal of Gurgaon has announced Rs. 3 crore as compensation to a 38-year old widow, who had lost her husband and daughter in a road accident in 2009.

Harish Malhotra, senior counsel who fought the case for Chhavi Bansal, the victim, termed it a long-drawn legal battle that dragged on for four years.

“The court of SK Khanduja, Motor Accident Claims Tribunal, Gurgaon has announced a monetary compensation amount of Rs. 2.49 crore, which if added with interest of 6%, adds to over Rs. 3 crore,” said Malhotra.

In January 2011, Bansal had filed a compensation suit of Rs. 80 crore against the insurance company, the owner and driver of the truck.

Bansal had sought a compensation for the loss of past, present and future income of her husband, who was drawing a monthly gross salary of Rs. 3.50 lakh as vice-president (networks) at Bharti Cellular Limited.

The court announced an award of Rs. 2.29 crore to Chhavi Bansal for the loss of her husband and Rs. 4.09 lakh towards treatment cost for her injuries and Rs. 14.26 lakh for the death of her younger daughter on whom treatment expenses of over Rs. 10 lakh was incurred. Rs. 1.35 lakh was awarded towards treatment expenses for her elder daughter.

The accident happened when the family was on their way home from Mussoorie when their Tata Safari had a head-on collision with a truck coming in the wrong direction at Marwala More, Baghpat.

The woman, Chhavi Bansal, was permanently disabled by the accident while one of her daughter (11) fractured her leg. Her younger daughter (3 years) went into a coma and died five months later, while her husband Madhav Shenoy died on the spot. Their SUV was being driven by Shenoy’s brother who survived with severe injuries.

Malhotra said, “The counsels of the respondents levelled all sorts of allegations against my clients saying that the driver of the Tata Safari — the brother of the deceased — was drunk, that he did not hold valid driving license and vehicle fitness certificate, etc. The court, however, ruled out these allegations as baseless and announced the verdict in the favour of the victim family.”

The tribunal has ordered the insurance company to deposit the money directly into the victim’s account within 15 days.

Malhotra said, “The tribunal order has brought a ray of hope for road accident victims and their relatives who can get financial assistance in the form of compensation from the Motor Accident Claims Tribunal. In this case, Chhavi Bansal did not lose hope and gathered all the courage to move the court of law one and a half year after she lost her husband and daughter in a road accident.”

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