THANE: The Motor Accident Claims Tribunal (MACT) awarded a compensation of Rs 5 lakh to a couple for the death of their two-year-old daughter in a freak mishap involving a dumper in 2015.
Judge KD Vadane, in his order on Tuesday, ordered the insurance company and the owner of the dumper to jointly and severally to pay the sum to Dhanaji Kharval and Munnidevi Kharval, parents of the deceased two-year-old Punita Kumari.
The legal team representing the couple, in their submission, said on May 05, 2015 around 10.15 am, Punita was playing at an open place close to their residence in Sadanand Nagar, Murdhagaon on Bhayander-Utan road. A speeding dumper, whose driver was rash and negligent, hit the deceased, resulting in injuries. The child later died.
Subsequently, a case was filed at Bhayander police station against the driver.
The legal team representing the insurance company and owner of the vehicle resisted the claim and denied the age and pointed out that the claimants are not legal heirs or dependents of the deceased. They also said negligence was on the part of parents, who allowed their minor daughter to play on the road and there was no negligence on the part of the driver. The defence also said no independent eyewitness has been examined. The lawyers hence requested the court to dismiss the application.
After hearing both sides, Vadane pointed out that the FIR was sufficient to prove rash and negligent driving on part of the offending tempo driver. “The FIR states that at the relevant time of accident, driver of the dumper drove his vehicle in high and excessive speed and in rash and regligent manner, resulting to which left rear wheel of dumper passed over the abdomen of the deceased. Thus, the contention of the applicants is corroborated by police papers on record and appears to be trustworthy.” The judge granted Rs 4.50 lakh as future loss of income to the parents and Rs 50,000 as loss of love and affection and cost of the funeral.
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