THANE: The Thane
Motor Accident Claims Tribunal has awarded Rs 21.67 lakh
compensation to the family of a sweeper of
Mira Bhayander Municipal corporation who was knocked down by a civic body vehicle in 2013.
The petitioners, six members of Vaijnath's (52) family, sought a compensation of Rs 40 lakh saying he was their breadwinner and earned around Rs 22,000 to 23,000 per month. The claimants included his wife, mother and children.
The accident happened around 12.30 pm on September 24, 2013, when Vaijnath, a resident of Digha in Navi Mumbai, was working at a nursery. As he saw a vehicle being parked, he started giving directions to its driver. However, the vehicle, while taking a reverse, knocked him down. As he sustained serious injuries, he was admitted to a hospital, where he died on October 8, 2013.
The civic corporation said it had spent Rs.1 lakh towards medical expenses of Vaijnath and prayed for dismissal of the claim. The insurance company also opposed the claim.
After hearing both sides,
MACT chairman and principal district judge Vinay G Joshi observed that the claim of negligence is supported by police papers and the manner of accident itself speaks about the total negligence of the driver.
The judge further said, "Besides contention of non renewal of vehicle permit, there is nothing on record to construe that there was a fundamental breach of policy conditions which contributed to the resulting accident. On perusal of the policy certificate, it reveals that there is no such express conditions of having fitness certificate of vehicle. The insurer has not shown that the said condition was contended in insurance contract."
Moreover, lack of valid fitness certificate does not amount to fundamental breach of policy conditions, the judge said, adding that "Therefore I hold that insurer failed to establish defence of breach of terms and conditions of insurance policy so as to claim exoneration."
The judge directed the
Mira Bhayander Municipal Corporation and the
The New India Assurance Co Ltd to make the payment to the claimants along with interest at the rate of 8% per annum till realization.
