Parents of a teenager killed in a road accident in July 2011 were awarded a compensation of Rs 5 lakh by the Motor Accident Claims Tribunal here, after it rejected the insurance company's contention that the mishap occurred due to the negligence of the deceased.
Member of MACT, KD Vadane in his order said the claimants have proved their case while the insurance company failed to prove its defence.
As the owner of the offending tanker was absent, the case was decided exparte against him.
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The claimants-- the boy's father Mohd. Arif Ishaque Momin (50) and mother Rukhshana Mohd Arif Momin (45)-- residents of Navi Vasti of Bhiwandi, told the Tribunal that their son Wajad Mohd Arif Momin (13), a student, was on January 7, 2011 returning home on foot at about 1.30 pm.
When he reached the gate of Apsara Hotel, a tanker came in high speed and rammed into him leaving him injured and while being treated at a hospital he succumbed, the parents told the Tribunal.
The incident occurred due to the gross negligence on the part of driver of tanker, they submitted adding that the owner of the tanker Ajay Singh and Royal Sundaram Alliance Insurance Company Ltd were jointly and severally liable to pay the compensation of Rs 1 lakh to them.
The insurance company conested the claim and stated in its submission that the accident occurred due to the negligence of the deceased and sought its dismissal.
In his order, the judge stated that the "contention of the insurance company is that the accident occurred as deceased was proceeding in a negligent manner from middle of the road. However, the insurance company has not adduced any evidence to that effect."
"Thus, in the absence of any rebuttal evidence, the contention of the applicants which is corroborated by the police papers on record, appears to be trustworthy one.
"Therefore, I come to the conclusion that the impugned accident occurred due to sole negligence on the part of driver of the tanker," the judge said.
