A 36-year-old widower and his two minor children have been awarded a compensation of Rs 11.49 lakhs by Thane's Motor Accident Claims Tribunal (MACT) for the death of his wife in a road accident in 2010.
The widower, Vikas Shreedhar Patil, informed the tribunal that on September 19, 2010, he along with his wife Kavita (32) was travelling on a scooty on Palm Beach Road at Ghansoli in Navi Mumbai when a car coming from behind knocked down their two-wheeler.
As a result, Vikas and his wife, who was pillion riding, fell down. While Vikas received injuries, his wife died on the spot, he said, adding that the deceased worked as collection agent with Vaibhav Co-operative Credit society at Ghansoli and earned Rs 6,000 per month.
In his application, he also stated that the accident was the result of rash and negligent driving of the car driver and hence, he claimed a compensation of Rs seven lakhs.
Car owner Premkumar Soni and the New India Assurance Company challenged the age and service of the deceased and also claimed that the accident was on account of sole negligence of the scooty driver and sought the application to be dismissed.
MACT member Judge K D Vadane observed that the copy of FIR shows that offence for rash and negligent driving was registered against the car driver at Rabale police station. The spot panchanama also showed that the car made a dash on the back side of the scooty and its rear portion was damaged.
"Thus, the contention of the applicants is corroborated by the police papers on record. Therefore, in the absence of any rebuttal evidence, I have no hesitation to accept the contention of the applicants and come to the conclusion that the impugned accident occurred due to sole negligence on the part of the car driver," the judge noted.
Judge Vadane, in his recent order, asked the car owner and insurance firm to jointly and severally pay compensation to the claimants - Vikas, and his two children aged 8 and 5.
He said the claimants are eligible for Rs 10.24 lakh towards future loss of dependency, Rs one lakh for loss of love and affection and Rs 25,000 for expenses on the deceased's funeral.
Besides, in another claim filed by the widower arising out of the same accident, the MACT ordered payment of Rs 73,000 to Vikas for the injuries suffered by him.
