In a order passed here, the member of MACT, Mridula Bhatia said the owner of the offending bus and the insurer (Bajaj Allianz) should jointly and severally make the payment of the compensation to the jawan and his minor son (who was one-year-old then) with an interest at 9 per cent from the date of filing of the claim in 2008.
As the respondent, MER Travels and Transport (owner of the bus) did not appear in court,the matter was decided ex-parte against him. As for Bajaj Alianz General Insurance Co. Ltd, it was represented by its counsel Himanshu Thanawalla who contested the case but his submissions were rejected by the Tribunal.
The counsel for the claimants Advocate Pradeep Tillu told the Tribunal that Trupti met with the accident on September 1, 2008 when she along with her colleague (Trupti Aarke) got down from an auto-rickshaw at Mhape bridge and was proceeding towards Turbhe railway station. When they were walking towards the station a speeding bus hit them, leaving both of them injured.
The claimants blamed the driver of the bus for the accident and claimed an amount of Rs 15 lakhs from the owner of the bus and the insurance company.
Counsel Tillu further submitted that his eyewitness Trupti Aarke was herself injured in the accident and had filed a claim at MACT which was amicably settled for Rs 30,000 by the same insurance company which goes on to show that they (insurer) had admitted the negligence of the bus driver.
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