Mason gets compensation for unborn child killed in mishap

In a significant judgement, a Motor Accident Claims Tribunal here has awarded a compensation of Rs 1.52 lakhs to a mason after his unborn child was killed in a road mishap that also left his wife dead in January 2007.

President of MACT and Principal District Judge S M Gavhane recently ordered the four respondents in the case to make a payment of Rs 1.52 lakh jointly and severally to claimant Prakash Balu Dandekar, then 25, of Rahanal in Bhiwandi, with nine per cent interest from the date of filing of the claim in January 2012.

Appearing for the claimant, counsel Advocate Baldev Rajput told the Tribunal that the applicant was the father of the male foetus in the womb of his wife Tai Prakash Dandekar who died in the accident on January 27, 2007.
 

Tai was travelling pillion on a two wheeler driven by her cousin brother Sandip Bhoye.

The Tribunal was told that on the fateful day Bhoye was going on his motorcycle alongwith deceased Tai to Asangaon railway station when they met with a accident resulting in her death on the spot.

At the time of death, Tai was carrying a 16-18 week-old foetus in her womb.

A car from the opposite direction hit the two wheeler which in turn hit a tempo and overturned. The cousin who was driving the bike also died in the mishap, it was stated.

The respondents in the case were: Nayan S Parekh of Nilkamal Plastics from Sinner, who was the owner of the Toyota Car, The New India Assurance Company Ltd, Ahmed Kudrat Khan, driver of the tempo and Rais Chhotan Baksh Qureshi owner of the tempo.

While the owner of the car and tempo and the insurer were represented and contested, the driver of the tempo remained absent and case was decided ex-parte against him.

In his order the judge said, "It is not disputed that Tai Dandekar was pregnant at the time of her death. In her autopsy report it is mentioned in the column of organ of generation that uterus was enlarged and male foetus of 16 to 18 weeks weighing 400 grams was found.

She succumbed to the injuries sustained in the above said accident. Also, the still born male child died in the womb of Tai Dandekar. There is a link between the accident and death of child in the womb. This is also clear from the PM report. Therefore applicant being father is entitled to compensation for his still born baby in the womb of his wife," the judge ruled.