Tribunal directs Pune school and Bajaj Alliance Insurance to pay Rs 10.30 lakh to mishap victim’s family
Deceased was returning from Antariksha Society Ajmera towards Yashwantnagar in his two-wheeler when a school bus hit his vehicle near Ajmera Colony on September 30 ,2016.pune Updated: Aug 03, 2018 16:57 IST
Pune The motor accident claim tribunal (MACT) presided over by AV Rottee has directed Podar School Education Trust and Bajaj Alliance Gen Insurance Co Ltd to jointly and severally pay Rs 10.30 lakh compensation to the family members of an accident victim. A claim petition under Section 166 of Motor Vehicles Act seeking compensation of Rs 25 lakh for death of the victim Mahavir Raosaheb Thanabir in a motor vehicular accident was filed by his wife Suvarna (33) with the MACT.
Mahavir was returning from Antariksha Society Ajmera towards Yashwantnagar in his two-wheeler when a school bus hit his vehicle near Ajmera Colony on September 30 ,2016. Mahavir and another person who was riding pillion fell from the motorcycle. He received serious head injuries and was shifted to Life Care Hospital in Morwadi in Pimpri and succumbed to injuries on October 3, 2016. The pillion rider named Muralidhar Ashruba Lambud gave a statement to the police about the accident and accordingly an offence was registered against the bus driver under relevant sections of the Indian Penal Code (IPC) and Motor Vehicle Act at Pimpri police station.
The claimant submitted that the offending bus was owned by Podar Education Trust and insured with Bajaj Alliance General Insurance Company Ltd and sought that both respondents jointly and severally liable to pay compensation. The school counsel contended that the accident had not taken place because of rash and negligent driving of the driver. The insurance company admitted that the bus was insured but denied its liability for payment of compensation. The tribunal after hearing both the sides came to the conclusion that the accident took place due to the negligence of school bus driver. It also concluded that the claimants were entitled to get a compensation of Rs 10.30 lakh from the school and insurance company.
The tribunal stated, “The eyewitness of the accident lodged a report and stated about involvement of aforesaid bus. Spot panchnama also shows that the bus was moving at the spot and dashed the motorcycle of the deceased. The post-mortem report of Mahavir shows that the cause of the death as head injury with intracranial bleeding. Inquest panchnama also shows that Mahavir received multiple injuries.”
First Published: Aug 03, 2018 16:56 IST