The New India Assurance Company Ltd ordered to compensate the kin for man's death in road  accident

A Motor Accident Claims Tribunal (MACT) in Maharashtra has awarded a compensation of Rs. 10.42 lakh to the family of a 21-year-old man who was killed in a road accident 15 years ago.

MACT member S D Bhagat earlier this month ordered the owner of the offending vehicle and its insurer to jointly make the payment to the deceased's family, along with an interest of six per cent per annum from the date of filing of the application in February 2006.

The victim, Usman Akbar Ali Ansari, a native of Gonda in Uttar Pradesh, was self-employed in Sahapur town of Thane. On April 9, 2004, while he was walking towards his workplace, a speeding jeep hit him at a crossing in Sahapur. Ansari sustained severe injuries and died during the treatment at Thane Civil Hospital; his mother and two siblings told the tribunal.

They sought compensation for Ansari's death, saying he was the family's sole bread-winner. The jeep owner, Shaikh Raisabi Abdul Nabi, a resident of Nashik, did not turn up before the tribunal, hence the case was decided ex-parte against him. Its insurer, The New India Assurance Company Limited, however, contested the claim, saying the deceased was crossing the road without observing traffic rules and was negligent.

MACT member Bhagat observed that facts and evidence in the case make it crystal clear that the deceased died due to rash and negligent attitude of the jeep driver. Therefore, the applicants are entitled to compensation for the "tortuous act" against the victim, he said.

Bhagat said that, although the insurer is liable to compensate the deceased, it has also brought on record that the jeep driver was driving without a valid license. Therefore, there is a breach of policy and rule. The insurer is entitled to recover the compensation amount from the jeep owner, he added.

The tribunal also ordered that 50 per cent of the compensation be paid to the deceased's mother and the remaining amount be distributed among his two siblings.

Source: Deccan Herald