PANAJI: Seventeen years after the death of a professional
tabla player in a road
accident, his dependents will get compensation of Rs 12.2 lakh following an order of the high court of Bombay at Goa.
The family of Dharmendra Hirve, who worked in
Remo Fernandes’ troupe, had been granted compensation of Rs 6.5 lakh by the motor vehicles accident claims tribunal. They then approached the high court, seeking compensation of Rs 22 lakh.
On September 18, 2000, Hirve’s vehicle met with an accident in
Unnao.
Hirve along with four other musicians, were travelling in a Tata Sumo to Lucknow after a concert at IIT Kanpur, when their vehicle then met with an accident in Unnao, resulting in Hirve’s death.
The crash involved a bus belonging to the Uttar Pradesh State Roadways Transport Corporation.
Hirve’s wife and children filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming Rs 22 lakh as compensation. At the time of the accident, Hirve was 35 years old and earning Rs 15,000 per month. It was contended that due to the untimely death, Hirve’s family lost support.
The tribunal found that the accident was caused solely due to the rash and negligent driving of the bus. Ryan Menezes, the Hirve family’s advocate, submitted that strict rules of evidence do not apply and the tribunal ought to have reckoned the monthly income at least at Rs 13,000 per month. Arun de Sa, who represented the
UP state roadways transport corporation, supported the tribunal’s judgment on the aspect of quantum.
In the high court, justice CV Bhadang held that Hirve’s family would be entitled to compensation of Rs 12,22,000 along with interest at the rate of 9% per annum from the date of petition till realisation. “This shall be inclusive of the compensation under Section 140 of the Act,” he observed.
Representative image 
