A claim of Rs 20 lakh was filed by one Suresh Narayan Khopkar (58) and his wife Seema (48), residents of Mulund in Mumbai, after their unmarried daughter Rohini died in a road accident on September 6, 2007.
Thane District Motor Accident Claims Tribunal raised the amount to Rs 23.60 lakh. In his order recently, Tribunal Judge S Y Kulkarni observed that the opponent National Insurance Company has failed to prove its case that the accident was a result of negligence of the deceased.
N M Jadhav, counsel for the claimants, told the court the victim, a commerce graduate, was employed with MNS Global Services as a Senior Customer Service Associate and was earning an income of around Rs 20,000 pm.
On the fateful day, she was on her way to work on her scooter when a truck coming from behind dashed against her vehicle. Rohini died on the spot.
Jadhav submitted that the truck driver was rash and negligent in his driving. Hence, the truck owner and the insurance company were liable to pay a compensation of Rs 20 lakh to the family members of the deceased.
C B Chahal, counsel for the insurance firm, submitted that the accident took place on account of the negligence of the victim. Hence, the legal heirs of the deceased cannot be allowed to encash the mistakes on her part.
Police told the court the mishap occurred on account of rash and negligent driving by the truck driver.
The Tribunal, after hearing both sides, raised the compensation amount to Rs 23.60 lakh, taking into account factors like the victim's age, her single status and she being the only earning member of the family.