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States » WestPosted at: Nov 30 2020 4:57PM


Thane MACT orders Rs 13.5L compensation in 2018 case

Thane, Nov 30 (UNI) Thane Motor Accidental Claims Tribunal (MACT) has awarded a collective compensation of Rs 13.50 lakhs to the family of a 48-year-old agriculturist and his 14-year-old son, who died in a road accident way back in 2018, an order copy said on Monday.
The Member of the Tribunal and District Judge RN Rokade while awarding the compensation of Rs 5 lakh following the death of the teenager has referred to the recent amendment to the MACT compensation provisions.
According to legal circles and those practising in the MACT courts, this is the first time after the amendment, such compensation has been given in the Thane MACT.
The claimants in the case were Vandana Uday Varale (47), Dipti Uday Varale (23) and Riti Uday Varale (20) residents of Mira Bhayander in Thane district.
The claim was filed for the father-son duo Uday Varale and Rishy Varale.
Appearing for the applicant, Advocate RS Chahal submitted before the tribunal that on the fateful day November 10, 2018, at about 1800 hours both the deceased were travelling in a car returning to Nashik from Shirdi.
When the car reached Sinnar to Shirdi road near Sai Shobha petrol pump, the offending bus came from the opposite direction and collided head-on the car as a result of which the father and son got severe injuries and died on the spot.
The respondents in the case were the owner of the bus Chandraknt Idnani and The United India Insurance Co Ltd. While the insurance company was represented by Advocate Arvind Tiwari who contested the claim and pleaded on various grounds and wanted the claim to be rejected as the owner of the bus did not appear and the matter was decided exparte against him.
They were ordered to jointly severally pay the compensation along with interest at 8 per cent pa from the date of filing of the compensation.
In his submission, the counsel for the claimants stated that the father earned Rs 1,50,000 per annum and they were totally dependent on him and they suffered a huge emotional loss. As regards the son, it was stated that the deceased was a bright student and active in sports as well as in martial arts.
In his order, the judge noted that the new schedule makes no provision for determination of compensation based on the age of the victim. Regardless of who the accident victim is, an adult or a minor and whether the victim was an earning member or not, if the accident causes death, the compensation would be a fixed amount of Rs 5 lakh.
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