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Kin of man killed in mishap get Rs. 21.8 lakh compensation

The UP-based family of a man, who died in a mishap in 2011, has been awarded Rs. 21.81 lakh compensation by the Thane Motor Accident Claims Tribunal (MACT).

Niyaz Ahmed Khatab Ansari (then aged 42), who worked as mukadam (supervisor of labourers) at a private firm in Bhiwandi town of Thane, was going on a motorcycle towards Ghodbunder road when a speeding dumper coming hit his two-wheeler at Kashimira in the district on January 7, 2011.

Ansari and the pillion rider fell from the bike. Ansari received serious injuries in the mishap and succumbed later that day.

An offence was registered against the dumper driver under IPC sections 279 (rash driving), 337 (causing hurt by act endangering life or personal safety of others) and 338, and section 184 of the Motor Vehicles Act.

Later, Ansari’s family comprising wife Tahira Banu Niyaz Ahmed Ansari (34), five minor children Mausamali Niyaz Ahmed Ansari (14), Mubashra Banu Niyaz Ahmed Ansari (13), Nusara Banu Niyaz Ahmed Ansari (11), Bushra Banu Niyaz Ahmed Ansari (9), Mushrafali Niyaz Ahmed Ansari (7), and his parents Khatab Hussain Wali Mohammed Ansari (67) Sawaliyabanu Khatab Hussain Ansari – all residents of Allahabad district in Uttar Pradesh, approached the MACT seeking compensation.

They said that at the time of his death, Ansari’s monthly income was Rs. 11,200, and sought compensation from the dumper owner and the insurance company.

Advocate V K Singh appeared for the claimants, while advocate Kalpana Trivedi represented the insurance company which contested the case. However, the case was decided ex-parte against the dumper owner as he failed to appear before the tribunal.

Also, since Ansari’s mother, who was a claimant, died in July 2016, her name was deleted from the claim papers.

After hearing both the sides, MACT president and Principal District Judge S M Gavhane recently ordered the two respondents – dumper owner Mahalakshmi Enterprises and the New India Assurance Company – to make payment to the applicants with 9 per cent interest per annum from the date of application in January 2011.

The tribunal awarded a total compensation of Rs. 21,81,864, including for loss of dependency and funeral expenses. It also directed that the compensation awarded to the deceased’s children be invested in FDs for them.

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