Tribunal awards Rs 27 lakh payout to six victims of 2019 car accident

Thane, Sep 7 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a collective compensation of Rs 27 lakh to six victims of a car accident, including the driver's wife and two children, on Bengaluru-Pune Highway in 2019.

The tribunal, presided over by member RV Mohite, on September 4 decided a set of five claims -- two of death and three claims pertaining to injuries suffered by the offending car driver's wife and two children.

A copy of the order was made available on Saturday.

On June 8, 2019, the victims were travelling in a car when the driver, Jahindra Shivppa Kumbhar, apparently lost control of the vehicle near Karad village on Bengaluru-Pune highway.

The car first struck a road divider and then crashed into a tree, the claimants' counsel told the tribunal.

The claimants, all relatives of the car driver including his wife and two children, were awarded varying amounts of compensation.

The car driver did not appear before the tribunal and the matter was decided ex-parte against him, while the insurance company contested the claim on various grounds.

The tribunal dismissed the defence of the insurance company, which had argued that it was a 'hit and run' case and that there was a breach of policy conditions. The MACT noted that no evidence was presented to support these claims.

As per the FIR, Jahindra was driving the offending car and it dashed against a divider and then a tree by the roadside near Gote village, it said.

He could not control the car due to excessive speed, the tribunal noted.

After the accident, all car occupants were seriously injured and admitted in the ICU (Intensive Care Unit). "So it is not expected from occupants or the opponent driver to give immediately information of accident to the police," it said.

It also noted that except allegations, there is absolutely no evidence on behalf of the opponent driver to prove that there is breach of terms and conditions of the insurance policy by the opponent driver.

The MACT awarded Rs 4,34,645 to Jahindra's wife, Rs 4,79,910 and Rs 4,69,233 to his two sons for their injuries, Rs 8,25,172 to a man his wife's death, and Rs 4,99,726 to two persons for the death of their grandmother in the accident.

The tribunal directed the driver and the insurance company to pay the amount jointly and severally, along with 9 per cent interest rate from the date the petition was filed. PTI COR GK