The Thane Motor Accident Claims Tribunal has directed a private transport agency and an insurance firm to jointly pay a compensation of Rs 12.56 lakh to the family members of a builder, who was killed in a road accident in the district in 2011.
The accident had taken place on November 7, 2011 when the victim Kashinath Patil (46), who ran a construction business at Chane in Bhiwandi, was proceeding on his motorbike from Kawad to Chane. A truck had hit him from behind which resulted in his death. His son, who was riding pillion, was injured in the accident. The driver of the truck had fled from the spot.
Appearing on behalf of the deceased's family members-- widow Kanchan (36), son Harshad (14), daughter Priyanka (12) and mother Yamuna (60), their counsel Natha Jadhav told the court that Kashinath was earning a sum of around Rs 17,238 per month at the time of incident.
Jadhav told the court that Kashinath died due to rash and negligent driving of the truck driver and hence both, the owner of the truck-- Mangal Suresh Gharat of the Sudarshan Transport-- as well as the insurer-- Bajaj Allianz General Insurance Co (which had insured the truck)-- were liable to pay the compensation of Rs 21 lakh.
Since the transporter did not remain present for the hearing and failed to make any submission, the case was decided ex-parte against him.
The insurance company was represented by H C Thanawalla, who said the insurer was not at all liable to pay the compensation as the owner of the truck had violated the conditions of the policy and the truck was driven by a minor at the time of the incident.
Member of the tribunal, S Y Kulkarni, in his order passed recently, observed that the truck owner has to pay the compensation due to the driver's rash driving and also held that since the insurance company did not present any proof for its contention that there was a breach of terms of policy with the transporter, it was liable to pay the compensation.
The tribunal asked them to jointly pay Rs 12,16,800 to the victim's family and also awarded additional sum of Rs 40,000 to the applicants.
