Motor Accident Claims Tribunal awards Rs9.10 lakh to kin of accident victim
The Motor Accident Claims Tribunal (MACT), presided over by member RH Mohammad, has directed the New India Assurance Company Ltd and a tanker owner to jointly pay Rs 9.10 lakh, including interim compensation. under Section 140 of the Motor Vehicles Act, with nine per cent interest to the family member of an accident victim. The order was passed on May 2.
Namdeo Maruti Yadav, 54, an agricultural labourer, and his son Pravin, 24, residents of Mallshiras (Bhuleshwar) in Purandar district had filed a claim with the MACT, under Section 166 of the Motor Vehicles Act, for the death of Surekha Namdeo Yadav, 45, in a motor vehicular accident which took place under the jurisdiction of Jejuri police station on April 18, 2015.
Namdeo is the husband of the deceased, while Pravin is the son. The deceased was into cultivating agriculture land and was getting around Rs 10,000 per month as gratuitous services. She met with an accident on Neera Jejuri road, on April 18, 2015, when a chemical tanker bearing registration number MH 04 FU 6591, owned by Mohan Singh Dhami of Bhiwandi and insured with New Indian Assurance Co Ltd, collided with the two-wheeler she was riding pillion on. Surekha fell off the two-wheeler and died. The tanker driver was identified as Paras Yadav who was allegedly indulged in rash and negligent driving, the claim plea stated.
Jejuri police took cognisance of the accident and registered an offence under relevant Sections of the Indian Penal Code (IPC).The tanker owner, though duly served, failed to appear before the MACT, therefore the claim application was proceeded ex parte against him with the passing of the order.
New India Assurance Company Ltd has filed its written statement before the tribunal which stated, “It is admitted that the owner had interest in the offending tanker and the said tanker was insured with it. The age, income and occupation of the deceased is denied. It is denied that the accident took place due to rash and negligent driving of the offending driver. It is submitted that the offending chemical tanker driver was not holding valid and effective driving license as per rule 09 of the Central Motor Vehicle Rules. With this, it is requested to dismiss the claim application,” it stated.