Tribunal member and District Judge K D Vadane recently ordered the two respondents - Kunjkrishna Nambiar, owner of the Tata pick-up van involved in the accident, and New India Assurance Company--to jointly make the payment to the claimant Rambaran Yadav (50) and his wife Pholandevi (48).
The couple, who hail from Sultanpur district, filed an application for compensation before the Tribunal after their son Bhola died in a mishap on January 7, 2012 in Turbhe MIDC area. The 26-year-old worked as a tea delivery boy at a hotel.
The Yadav couple said the accident was a result of rash and negligent driving and made a claim of Rs 1 lakh from the vehicle owner and the company with which it was insured.
The vehicle owner and the insurance company contested the claim and found fault with the deceased. They prayed to the Tribunal that the claim be dismissed.
The Tribunal, however, substantially enhanced the compensation amount taking into account the salary (Rs 12,500 per month) earned by the deceased and other factors.
The Judge said in his order that "in the absence of any rebuttal evidence, contention of the applicants, which is corroborated by the police papers on record, appears to be trustworthy one.
"Therefore, I have no hesitation to come to the conclusion that the impugned accident occurred due to sole negligence on the part of driver of the vehicle."
According to the order, the compensation of Rs 13.10 lakh included loss of dependency (Rs 12,75,000) and Rs 15,000 incurred on the deceased's funeral.
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