The Thane Motor Accident Claims Tribunal has directed a truck owner and an insurance firm to jointly pay a compensation of Rs. 35 lakh to the kin of a woman police constable who lost her life in a road accident.
Judge KD Vadane ordered truck owner Mohammad Nazir Khan and insurance company, Oriental Insurance Company (Thane branch) to jointly make the payment of Rs. 35 lakh to Taufique Babu Tambe and his son Mahir Taufique in the 2012 case.
Of the total compensation money, Rs. 25 lakh will be paid in the name of deceased’s son, who was three-year-old at the time of incident, the court ordered.
Appearing for behalf of claimants, counsel Natha Jadhav told the forum that Sajiya Taufique Tambe alias Nalini Gaikwad, then aged 30, was travelling on a two-wheeler from Naigaon to Nehru Nagar police station on January 3, 2012. On her way near Sion Junction over-bridge, a truck being driven at a high speed, hit her from behind. She succumbed to her injuries the next day.
The counsel said the mishap occurred due to sole negligence on the part of the truck driver against whom a case was lodged in this connection with the Sion Police Station.
Deceased’s kin had filed a claim of Rs. 40 lakh.
The counsel in support of the claim, produced several proofs and also examined a police official to establish the services of the deceased and her earnings.
The truck owner appeared before the forum but failed to submit a written submission, while the insurance firm appeared and contested the claim on various grounds.
In its submission, the insurance firm told the forum that according to police papers, there was another four-wheeler, a car, which had suddenly taken a U-turn after which the deceased lost control and dashed into the truck.
It further submitted that driver of the car was also charge sheeted for negligent driving. Therefore, there was no negligence on the part of truck driver.
After hearing both claimant and opponents, the Judge observed that according to the spot panchnama, there was no negligence on the part of the deceased as she slowed down her vehicle when the car suddenly took a U-turn wrongly and she was hit by a speeding truck from behind.
The accident occurred due to composite negligence on the part of the truck driver and driver of (Hyundai) car, the forum observed.
Since, the car owner was not made a party in the claim, the amount is to be jointly paid by the truck owner and insurance firm.