Kin get ₹10 lakh compensation for man’s death in Sahapur accident

A Motor Accident Claims Tribunal (MACT) here in Maharashtra has awarded a compensation of ₹10.42 lakh to the family of a 21-year-old man who was killed in a road

A Motor Accident Claims Tribunal (MACT) here in Maharashtra has awarded a compensation of ₹10.42 lakh to the family of a 21-year-old man who was killed in a road accident 15 years ago.

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MACT member SD Bhagat earlier this month ordered the owner of the offending vehicle and its insurer to jointly and severely make the payment to the deceased’s family along with an interest of six per cent per annum from the date of filing of the application in February 2006.

Usman Akbar Ali Ansari, a native of Gonda in Uttar Pradesh, was self-employed in Sahapur town of Thane.

On April 9, 2004, while he was walking towards his workplace, a speeding jeep coming from neighbouring Nashik district hit him at a crossing in Sahapur.

Ansari sustained severe injuries and died during treatment at the Thane Civil Hospital, the claimants, including his mother and two siblings, told the tribunal.

They sought a compensation for Ansari’s death, saying he was the family’s sole bread-winner.

The jeep owner, Shaikh Raisabi Abdul Nabi, a resident Nashik, did not turn up before the tribunal, hence the case was decided ex-parte against him.

Its insurer, The New India Assurance Company Limited, however, contested the claim, saying the deceased was crossing the road without observing traffic rules and was negligent.

MACT member Bhagat observed that facts and evidence in the case make it abundantly clear that the deceased died due to rash and negligent act of the jeep driver.

Therefore, the applicants are entitled to compensation for the “tortuous act” of the jeep driver, he said.

Bhagat said although the insurer company is liable to compensate the deceased, but it has also brought on record that the jeep driver was not having a valid licence.

Therefore, there is a breach of policy and the rule.

The insurer is entitled to recover the compensation amount from the jeep owner, he said.

The tribunal also ordered that 50% of the compensation be paid to the deceased’s mother and the remaining amount be distributed among his two siblings.