Rs 36 lakh compensation awarded to kin of Maha accident victim

The Thane Motor Accident Claims Tribunal has ordered a compensation of Rs 36 lakh to the family of a 41-year-old man, who was killed in a road accident in 2011.
Tribunal judge KD Vadane, in his order, said that both the respondents in the case-- owner of the offending truck, Samiulla Baig and the insurer ICICI Lombard General Insurance Company Ltd-- should jointly an severally make this payment with an interest at 8 per cent from the date of the application.
Shantilal Kohli was killed on July 26, 2011 when he was riding his motorcycle in Kashimira locality on the Mumbai- Ahmedabad highway. He was hit by a speeding truck from behind, after which he fell and died on the spot.

Kohli was working with a private company at Powai on a monthly salary of Rs 24,580, advocate R C Yadav, who appeared for the claimants, told the court.
The claimants include Kohli's widowed wife, his two children and aged parents.
Since the accident occurred due to sole negligence on the part of the truck driver, an offence was registered against him at Kashimira Police Station, the court was informed.

As the first respondent neither appeared nor contested the claim, the matter was decided exparte against him. The insurer was represented by advocate V B Dhabolkar.
In his order, the judge said, "In the FIR, it is specifically stated that at the relevant time of the accident the driver of the truck drove it in a high speed, and in a rash & negligent manner, and dashed the motorcycle of the deceased. Thus, the contention of the applicants is corroborated by the police papers on record."

"On the other hand, the opponents have not examined any eyewitness of the accident including driver of the offending truck. Therefore, in the absence of any rebuttal evidence, contention of the applicant, which is corroborated by the police papers on record appears to be a trustworthy one. Therefore, I have no hesitation to come to conclusion that impugned accident occurred due to rash negligent driving on the part of driver of truck," he said.
The judge also observed that the contention of the insurance company is that driver of the offending vehicle was not holding valid and effective driving licence on the material date of accident. Therefore, there is a breach of terms and conditions of the policy.

The burden lies on the insurance company to establish that there is breach of terms and conditions of the policy. However, the insurance company has not adduced any evidence to that effect, the judge said.
Announcing the compensation, he said the counsel for the applicants submitted that the deceased had bright future prospects. Therefore, future prospective income of the deceased may also be taken into consideration while granting compensation to the applicants.
The compensation includes future loss of dependency: Rs 34,12,500; Loss of estate Rs 1,00,000; Loss of Love and affection: Rs 1,00,000, amount incurred for the funeral and last rites of the deceased: Rs 25,000 adding to Rs 36,37,500.