The Ministry of Defence and Army have been directed by a Motor Accident Claims Tribunal (MACT) to pay over Rs 35 lakh to the doctor husband of a 32-year-old radiologist, who died in a road accident involving a rashly driven Army jeep here.
The court directed the Ministry of Defence and Army Headquarters to pay Rs 35,51,580 to victim Dr Harsha Munshi's husband Dr Mihir Shreyas Munshi, saying being the owners of the offending vehicle, they are vicariously liable for the act of the driver and have to deposit the amount within 30 days.
"In view of the testimony of prosecution witnesses and documents on record, the petitioner (victim's husband) has prima facie succeeded in proving that Dr Harsha Munshi died due to injuries sustained in this accident caused by the offending vehicle driven by respondent 3(driver) in a rash and negligent manner," MACT Presiding Officer Harish Dudani said.
Harsha's husband, a resident of Mumbai, had approached the tribunal seeking compensation, submitting that the accident took place on the morning of February 1, 2007 when the two going to Kasturba Gandhi Marg from Green Park.
When they were crossing a traffic signal at Mansingh Road, suddenly an Army jeep driven by Sepoy Vijay Kumar came from Rajpath side in a rash and negligent manner at a high speed after jumping the red light and dashed against their Santro car from the left side, he said.
Mihir said that the Army vehicle hit the car, driven by him while his wife was sitting on the next seat, with such a force that the car was tossed in the air and it rolled a few metres and finally turned upside down near the foot path.
The two were helped by two doctors, who were colleagues of the victim woman and were travelling in a separate car. Harsha died on the spot and Mihir had sustained grievous injuries and was taken to Ram Manohar Lohia Hospital.
Harsha was working as a Radiologist at Diwan Chand Satya Pal Radiological and Imaging Services at Kasturba Gandhi Marg here and was earning Rs 80,000 per month, her husband had said.
The Defence Ministry and Army, in their joint statement to the tribunal, had said Harsha's husband was not economically dependent on her and he cannot claim compensation.
They also contended that the jeep was on defence duty and the doctrine of sovereign immunity was applicable in the case and they were not liable to pay compensation for the incident.
The jeep driver also alleged that the petitioner was driving his car rashly and negligently and flouted traffic rules and regulations.
The tribunal, however, refused to accept their contention, saying the Supreme Court has held that the doctrine of sovereign immunity has no application so far as claims for compensation under the Motor Vehicles Act are concerned.
