Family gets Rs 17.22 lakh compensation in accident case

The Thane Motor Accident Claims Tribunal (MACT) here has awarded a compensation of Rs 17.22 lakh to the parents of a youth, who died in an accident in 2010.
MACT member, judge S Y Kulkarni directed owner of a dumper company, Om Shree Ganesh Container, and insurance company United India Insurance Company to jointly pay Rs 17.22 lakh to the claimants.
Complainant Vithal Ramakant Bhanushali (44) and his wife Kunda Bhanushali (43), residents of Khinavali in Sahapur here told the forum that their son Bharat (aged 22 at the time of accident) owned and operated a taxi which met with an accident in 2010.

Bhanushali told the forum that on August 27, 2010, while Bharat was travelling towards Bhandardara carrying a passenger in the cab, his car was hit by a container coming from opposite direction resulting in a head-on collision.
Bharat sustained serious injuries in the mishap and later died while undergoing treatment at a hospital in Thane, he added.
He further told the forum that Bharat drew a monthly salary of Rs 30,000 per month and hence, claimed a compensation of Rs 48.95 lakh.

It was sheer negligence of the driver of container, which resulted in the accident and subsequent death of his son, he said.

Lawyer S C Bodulla, appearing on behalf of the insurance company, said the owner of the container (company) had not paid the premium of the insurance amount as the cheque given by the owner was dishonoured and hence, they were not liable to pay the compensation.
The forum after hearing the counsels, observed that since the insurance company failed to prove that the cheque had dishonoured, they stand liable to pay the amount.
In the order, the tribunal had awarded a total of Rs 34.43 lakh including towards loss of dependency, future loss of dependency, hospital and medical expenses and others.

The tribunal, however, observed that there was negligence also on the part of the deceased (driver of the cab) and hence directed the insurance company and the container owner to pay only half of the compensation amount, which is Rs 17.22 lakh.