A Motor Accident Claims Tribunal (MACT) has ordered a bike owner and an insurance company to pay Rs. 81 lakh to the husband of 26-year-old Police Sub-Inspector who had died of serious injuries ten days after a helmetless biker she had attempted to stop at a checking point, had knocked her down while trying to evade her.
On 4 January 2012 around 4.45 pm PSI Nandinee Patil was on duty at a nakabandi point on the Western Express Highway at Borivali. Patil had attempted to stop a biker who was riding without a helmet and in a rash and negligent manner by signaling him to stop. The rider, instead, accelerated the vehicle and hit her and himself fell with his bike. Patil sustained serious injuries in the accident and was admitted in Seven Hills hospital. After 10 days under treatment, she succumbed to injuries.
Her husband Dattatray Patil filed a petition for compensation under the Motor Vehicles Act in October that year, claiming a compensation of Rs. 60 lakh.
The owner of the bike did not appear before the tribunal and the order was passed ex-parte against him. The insurance company Universal Sompo Gen. Ins. Co. Ltd. had said in its written statement before the tribunal that the deceased was solely negligent. It also contended that she was under probation and that the job was not confirmed, hence compensation should not be calculated with the multiplier applicable for a confirmed job.
Tribunal Member BP Vyas said in his judgment that he does not agree with the submission. He said the deceased was appointed as PSI on 19.09.2010 and that date of accident is 4.01.2012 and that nothing is brought on record of adverse service record of the deceased even to infer that there was no likelihood of confirmation of the probation period.
A man who was riding a bike during the accident and witnessed the mishap had also deposed before the tribunal.
