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14.73L compensation for victim’s kin

A district tribunal has awarded compensation of `14.73 lakh to a farmer couple who lost their 23-year-old son in a road accident in 2010. Baban Bhiwa Bhoir and his wife Sangeeta had sought compensation of Rs.1 lakh following the death of their son Sanjay Bhoir in the mishap on March 2, 2010.

The Thane Motor Accident Claims Tribunal in its order last week said it was “just and proper” compensation to the couple.

Sanjay, who was riding pillion on a motorcycle, was killed when a container truck rammed into it from the opposite direction on the Ambadi-Wada road in the district.

The tribunal, presided over by a sessions court judge S.Y. Kulkarni, held the National Insurance Company and Venkatesh Logistics jointly responsible for the payment of compensation.

Mr Bhoir told the tribunal that Sanjay was employed with Monotana Tyres at Wada tehsil and earning a salary of Rs.9,000 per month, and prayed for “just and proper” compensation.

The tribunal passed an ex-parte order last week granting an interest at the rate of seven per cent to the claimants from the date of application for the claim.

An ex-parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. The owner of the vehicle did not attend the hearings and hence the case was decided ex-parte against him, while the insurance company contested the claim.

The counsel for applicants, Natha Jadhav, submitted copies of the accident FIR, panchnama, chargesheet and medical papers before the court as evidence. He claimed that the insurance company did not examine the driver of the container truck or submit any evidence.

“In view of my above said discussion and findings and as I have already held that the accident occurred on the account of rash and negligent driving on part of driver of the trailer, it is difficult for me to hold that the claim is bad for non-joinder of necessary parties, as pleaded by the insurance company,” the judge said in the order.

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