Rs 41.16 lakh compensation to kin of man killed in accident

An accident claims tribunal has awarded a compensation of Rs 41.16 lakh to the family of an engineer, who died in an accident in 2013.
Thane Motor Accident Claims Tribunal (MCAT) member and district judge K D Vadane, in a recent order, directed the owner of the offending vehicle and the Reliance General Insurance Company Limited to jointly and severally pay the compensation to the claimants - the wife and two minor sons of the deceased.
The claimants' counsel, Ram C Yadav, told the tribunal that Brajesh Tripathi, then aged 37, who worked as a junior engineer with a steel manufacturing company in neighbouring Raigad district, met with an accident on February 23, 2013.

He said Tripathi was on his way home at New Panvel in Raigad when a trailer coming from behind hit his motorcycle near Palaspe village on Goa-Panvel road.
The man sustained multiple injuries and died on the spot, the counsel said, alleging that the mishap occurred due to the sole negligence of the trailer's driver, against whom an offence was registered at the Panvel town police station.
The counsel said Tripathi drew a monthly salary of Rs 33,787, and that his wife and children were dependent on him.

The claim was decided ex-parte against the owner of the offending vehicle. However, the insurance company contested the claim on various grounds.

The judge, in his order, noted that the applicants proved the case against the trailer owner, hence they were eligible for the compensation.
It is specifically stated in the FIR that at the time of the accident, the victim was on the motorcycle and the trailer, which was being driven at a high speed and in a negligent manner, hit the two-wheeler from the back side, the judge said.
The tribunal also observed that after the mishap, the driver fled without securing any medical aid for the deceased and also did not inform about the accident to the nearest police station.

"This act on part of the offending vehicle's driver also amounts to negligence. The opponents have not adduced any rebuttal evidence. Therefore, the applicants' contention, which is corroborated by the police papers on record, appears to be trustworthy one," the judge said.
Thus, he ordered the trailer owner and the insurance firm to jointly and severally pay Rs 41,61,960 along with 8 per cent interest from the date of filing of the application by the family of the deceased.