Thane, Mar 31: Disposing off a Motor Accident Claim, the Thane MACT has ruled in its recent
order that the grand children of the deceased an old lady cannot be her legal
heirs, instead the compensation was awarded to the married daughter of the
deceased by the Tribunal.
The Member of the MACT and District Judge KD Vadane, admitted
the claim and ordered the two opponents to jointly and severally make a payment
of Rs. 1.92 lakhs along with interest at 8 per cent to the married daughter of
the deceased.
The claimants, Shobha Harishchandra Kotkar, 35, Master Swapnil Harishchandra Kotkar, 15 and Master Vaibhav Harishchandra Kotkar, 13 from Airoli of Navi Mumbai had filed the present claim following the accidental death of the deceased Nalini Madhukar Naik, 61. (Ages then)
The claimants told the forum that the deceased worked as a maidservant and earned Rs. 8,000 per month.
On April 23, 2013 around 0700 hrs while she was walking by the road side in Sector 10, the offending bus dashed her as a result of which she sustained injuries and died.
The accident happened due to sole negligence on the part of the driver of the bus against whom an offence was also registered with the Rabale police station and the claimants lodged the claim with the forum.
They had cited the owner of the bus SK Sharma of the Vikas Travels and the HDFC Ergo Gen Ins co as opponents in the case.
The opponents appeared and contested the claim on various grounds which were rejected by the Tribunal which relied on the submissions by the claimant.
In his order he observed that, Applicant Shobha is married daughter of the deceased, and the other two applicants are minor sons of Shobha. Thus, applicants the minor sons are not legal heirs and dependents of the deceased. Applicant Shobha being daughter of the deceased, is sole legal heir of the deceased.
The judge in his order also held that while deciding issue I have already come to conclusion that the impugned accident occurred due to contributory negligence to the extent of 80 per cent on the part of driver of bus and 20 per cent contributory negligence on the part of deceased herself.
He worked out the total entitled compensation as Rs, 2,40,000 which includes Rs 2,10,000 towards future loss of dependency, Rs 15,000 each for loss of love, affection and estate and for funeral.
As the liability of the opponents is only upto 80 per cent he the forum has ordered them to pay only Rs. 1,92,000 by the Tribunal. The balance will be forgone by the claimant. UNI
The claimants, Shobha Harishchandra Kotkar, 35, Master Swapnil Harishchandra Kotkar, 15 and Master Vaibhav Harishchandra Kotkar, 13 from Airoli of Navi Mumbai had filed the present claim following the accidental death of the deceased Nalini Madhukar Naik, 61. (Ages then)
The claimants told the forum that the deceased worked as a maidservant and earned Rs. 8,000 per month.
On April 23, 2013 around 0700 hrs while she was walking by the road side in Sector 10, the offending bus dashed her as a result of which she sustained injuries and died.
The accident happened due to sole negligence on the part of the driver of the bus against whom an offence was also registered with the Rabale police station and the claimants lodged the claim with the forum.
They had cited the owner of the bus SK Sharma of the Vikas Travels and the HDFC Ergo Gen Ins co as opponents in the case.
The opponents appeared and contested the claim on various grounds which were rejected by the Tribunal which relied on the submissions by the claimant.
In his order he observed that, Applicant Shobha is married daughter of the deceased, and the other two applicants are minor sons of Shobha. Thus, applicants the minor sons are not legal heirs and dependents of the deceased. Applicant Shobha being daughter of the deceased, is sole legal heir of the deceased.
The judge in his order also held that while deciding issue I have already come to conclusion that the impugned accident occurred due to contributory negligence to the extent of 80 per cent on the part of driver of bus and 20 per cent contributory negligence on the part of deceased herself.
He worked out the total entitled compensation as Rs, 2,40,000 which includes Rs 2,10,000 towards future loss of dependency, Rs 15,000 each for loss of love, affection and estate and for funeral.
As the liability of the opponents is only upto 80 per cent he the forum has ordered them to pay only Rs. 1,92,000 by the Tribunal. The balance will be forgone by the claimant. UNI
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