Mumbai, April 6: Six years after a 25-year-old dental intern of Nair Hospital was killed in a road accident, the Mumbai Motor Accident Claims Tribunal (MACT) has directed the accused driver and the insurance firm to pay the victim’s kin Rs 63,37,741.
Details of the 2018 accident
The incident dates back to March 24, 2018. The victim, Dipali Lahamate, was on her way to Grant Medical College Gymkhana to attend her younger brother’s convocation ceremony.
At the zebra crossing of a traffic signal on NS Road, next to Parsi Gate, Marine Drive, she was fatally hit by a car allegedly driven by Shikha Zhaveri, a teacher, allegedly driving at high speed.
Lahamate was rushed to Bhatia Hospital and later shifted to JJ Hospital on March 27, 2018. Despite medical efforts, she succumbed to her injuries on March 30, 2018.
Family’s claim and career prospects
The victim's father, a farmer, filed a claim with the tribunal seeking justice for his daughter. He argued that Lahamate was a brilliant student with a bright future. At the time of the accident, she had completed her BDS and was undergoing an internship from September 1, 2017, to August 31, 2018, at Nair Hospital Dental College with a monthly stipend of Rs 6,000. The claim stated that she would have earned more than Rs 80 crore during her lifetime had the tragedy not occurred.
Defence arguments rejected
The claim was opposed by Ankur Zhaveri – the husband of the driver and owner of the vehicle – alongside the insurance company. They contended that the accident was caused by Lahamate’s own negligence, alleging she was distracted by her mobile phone.
However, the tribunal rejected these arguments. It observed that Lahamate was using a zebra crossing while the traffic signal was red. The tribunal ruled that the suspect driver was duty-bound to stop at the signal, concluding there was no negligence by the deceased.
It noted that the vehicle’s insurance was in force and in accident cases, the owner is made liable for the negligence of the driver on the basis of vicarious liability.
Also Watch:
Liability fixed on driver, owner and insurer
The MACT also specified that the driver did not file a written statement objecting to the claim on any ground. Consequently, the tribunal held the driver, the owner and the insurer jointly liable to compensate the family.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
