FPJ Legal: Rs 41 lakh compensation ordered to sons of BMC sweeper who died in road mishap

FPJ Legal: Rs 41 lakh compensation ordered to sons of BMC sweeper who died in road mishap

Bhavna UchilUpdated: Friday, November 19, 2021, 10:41 PM IST
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A Motor Accidents Claims Tribunal (MACT) has ordered over Rs. 41 lakhs in compensation to three sons of a woman who worked as a sweeper at the maternity hospital of the city’s civic body. The 38-year-old had died in 2010 due to serious head injuries sustained after a bus hit the bike she was riding pillion on.

As per their claim petition before the tribunal, her children had stated that their mother Vanita Borde was commuting pillion on November 6, 2010 on the motorcycle of a family friend Hanumant Pawar. The bike had reached near Wadala railway station and their mother wanted to drink water and the two-wheeler stopped. After drinking water, they were proceeding towards David Borato road, when a private bus of Ideal Travels, that was rashly driven, hit the two-wheeler from its rear. Due to the impact, Pawar fell to one side and their mother to the other. She sustained bleeding injuries to her head. At KEM hospital, where she was taken, she was declared dead. The children claimed Rs. 25 lakhs as compensation as she worked in the civic body-run Ahilyabai Holkar Maternity Hospital and earned Rs. 14,780 monthly.

Apart from one of the deceased’s sons who appeared as a witness before the tribunal, a clerk from the hospital where Borde worked, also deposed. He confirmed to the tribunal about her salary.

The tribunal proceeded ex-parte against the travel firm. The insurance company New India Assurance Co. Ltd. opposed the claim and stated that the mishap took place due to the negligence of the motorcycle rider. It also stated that one of Borde’s sons was employed on compassionate grounds with the civic body as a driver and was earning Rs. 15,000 monthly and hence, the claimants were not entitled for compensation.

Tribunal member Sanjay K. Choudante said in his order that the claimants being the deceased’s legal heirs were entitled for compensation. The tribunal calculated the compensation on the basis of Borde’s salary with the relevant multiplier based on her age at the time of the accident.

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