Palghar: The Motor Accident Claims Tribunal (MACT) Palghar has awarded a compensation of Rs 29.12 lakh to 83-year-old mother and 28-year-old son of a man, a resident of Palghar, killed in 2015 in an accident caused by a car registered in his wife’s name.
MACT member Dr Sudhiir M Deshpande, in the order passed on January 17, directed the car’s owner (deceased man’s wife), driver and insurer to jointly and severally make the payment to the claimants along with 6% interest per annum from the date of filing of the claim. The petitioners also informed the MACT that the deceased earned Rs4 lakh annually from his business. A copy of the order was made available on Sunday.
What the MACT rules in this case
The tribunal in its order noted that since the owner of the car was the wife of the victim she would not be entitled to compensation herself.
The petitioners (the man’s mother and son) informed the MACT that on Aug 20, 2015, the man, then aged 50, was travelling in the car when its tyre burst in the Bhayandar area of neighbouring Thane. The vehicle turned turtle and the man was injured. He died in a hospital on Sept 25, 2015, while undergoing treatment.
The opponents in the petition were the deceased’s wife, who was the owner of the offending vehicle, its driver and the insurer. The wife of the deceased pleaded that in case the tribunal comes to the conclusion that the petitioners are entitled to any compensation either wholly or partly, the insurers are held to be liable under the indemnity.
While the deceased’s wife and the insurance company contested the claim, the car driver did not appear before the tribunal and the matter was decided ex-parte against him.
The tribunal in its order said in the present claim petition, the deceased’s mother, son and wife would have been the natural petitioners if the said car had been owned by any other third party.
In that case, all three petitioners would have been entitled to seek compensation from the registered owner of the vehicle involved in the accident, it said.
“But since the wife of the deceased herself is the registered owner of the car, she loses her status as the petitioner as no one can seek compensation from oneself,” the tribunal said.
The compensation amount awarded by the tribunal included Rs21,77,500 for loss of income, Rs5,44,375 towards future prospects, Rs16,500 for loss of estate, Rs88,000 towards loss of filial consortium, Rs16,500 towards funeral expenses, Rs59,503 for medical bills and Rs10,000 towards the cost of litigation.
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