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Accident victim’s widow gets Rs. 12.80 lakh compensation

A 30-year-old widow and her two minor children have been awarded a compensation of Rs. 12.80 lakhs by the Motor Accident Claims Tribunal here for the accidental death of her husband.

The widow, Jyoti Janardhan Patil, told the MACT that her husband Janardhan Patil (35), working with HDIL Creating Value Housing Development and Infrastructure Ltd at Bandra (East) in Mumbai and earning Rs. 5,270 per month, met with an accident on November 16, 2008 when a bike driven by Nilesh Vishwanath Somvanshi collided head-on with his motorcycle at Vajreshwari road on Ambadi Naka in Thane district.

Patil was injured in the accident and died two days later during treatment at a hospital.

She stated that the accident and subsequent death occurred due to rash and negligent driving of the bike by Zidke village resident Somvanshi and claimed a compensation of Rs 12 lakhs from the respondents – Somvanshi and ICICI Lombard General Insurance Company Limited.

In a recent order, MACT member and sessions judge SY Kulkarni observed that considering the evidence given by the applicant, which is supported by inquest panchanama and postmortem report, the applicants – the widow and her two minor children – have proved that Janardhan Patil died in an accident which occurred on account of rash and negligent driving on the part of the respondent.

The judge noted that the claimants were entitled for Rs. 10.80 lakhs towards loss of dependency.

The judge further ordered for Rs. 2 lakh to be granted to the applicants towards loss of consortium, funeral expenses, loss of estate and loss of love and affection.

“Thus in present facts and circumstances of the case, I hold that total Rs. 12,80,000 can be granted to the applicants as a just and proper compensation,” the judge further observed.

The tribunal ordered both the respondents to jointly and severally pay the compensation to the applicants.

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