In his order, Thane MACT chairman and principal district judge S B Agrawal directed the owner of the tempo involved in the accident to pay the compensation amount to the parents of the deceased along with interest at 7.50 per cent per annum from the date of petition till the payment is realised
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The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation of Rs 5 lakh to the parents of a five-year-old boy who was killed in a road accident in 2017, reported news agency PTI.
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In his order, Thane MACT chairman and principal district judge S B Agrawal directed the owner of the tempo involved in the accident to pay the compensation amount to the parents of the deceased along with interest at 7.50 per cent per annum from the date of petition till the payment is realised, reported PTI.
The copy of the Thane MACT order issued on August 5 was made available on Saturday.
The judge, in his order, absolved the other respondent insurance company, Bajaj Allianz General Insurance Co. Ltd, accepting its counsel, Arvind Tiwari's argument that the insurance papers submitted before the tribunal had been fabricated.
The petitioners were the parents of the deceased, Mohammad Kadir Imamuddin Hawari (36), labourer and Farjana Kadir Hawari (33), residents of Nalla Sopara in Palghar district, reported PTI.
Appearing for the petitioners, counsel Sachin L Mane told the tribunal that the boy, Kumar Alaman Kadir Hawari, was walking to school with his mother on February 6, 2017, when a speeding tempo driven in a rash and negligent manner knocked him down. He died later died of the injuries, reported PTI.
Advocate Tiwari of the insurance company specifically contended that the insurance policy was fake and sought dismissal of the claim petition.
"From the evidence of the petitioner, especially from the police papers, negligence of the driver of the vehicle is clearly made out," the judge said in the Thane MACT order, reported PTI.
The judge noted that as the deceased was five years old at the time of the accident, a compensation of Rs 5 lakh can be directed to be paid by the respondent owner of the tempo.
Earlier, the Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded Rs 11.3 lakh compensation to the family of a 57-year-old man killed in a motorcycle accident in 2019, reported the PTI.
According to the PTI, the MACT chairman S B Agrawal ordered the owner of the offending dumper truck and the insurance company, Bajaj Allianz General Insurance Company Ltd, to jointly and severally pay the compensation with 7.5 per cent per annum interest from the date the petition was filed.
The petitioners will be eligible for interest on only Rs 10.4 lakh, the order stated.
Appearing for the petitioners, advocate AR Yadav told the tribunal the victim, Ramsinghasan Brijabali Sahani, a carpenter, was travelling on a motorcycle on June 25, 2019, on Sion-Trombay road when a speeding dumper hit the vehicle, as per the PTI.
Sahani fell, sustained severe wounds and died, he said.
The owner of the dumper did not appear, and the case was decided ex-parte against him.
The compensation includes Rs 10.6 lakh towards loss of income, Rs 40,000 for loss of filial consortium, and Rs 15,000 each for loss of estate and funeral expenses.
In his order, the judge directed that Rs 5 lakh be deposited in a fixed deposit in a nationalised bank in the name of the deceased's widow, while Rs 1 lakh each be kept in the names of his three daughters, and Rs 2 lakh each for two other relatives.
(With inputs from PTI)
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