An accident claims tribunal in Thane has awarded a compensation of Rs 5 lakh to a couple who lost their two-year-old daughter when a dumper hit her in 2015.
Thane Motor Accident Claims Tribunal (MACT) member and district judge K D Vadane, in a recent order, directed the dumper owner and the vehicle’s insurer to jointly pay the compensation along with eight per cent interest per annum, since the date of filing of the claim.
The applicants’ counsel, R S Chahal, told the tribunal that Dhanji Kharval (31) lived with his wife and daughter in Murdagaon area of Bhayander township in Thane. On May 18, 2015, the girl was playing near her house when the speeding dumper hit her, killing her on the spot. An offence was later registered with the Bhayander police against the dumper’s driver.
In October 2015, the girl’s parents lodged a claim with the tribunal of Rs 1 lakh from the two respondents. The dumper owner’s counsel, R K Mukadam, contested the claim on various grounds, which were rejected by the tribunal.
The judge, referring to a judgment in a similar case in a higher court, observed that had the deceased been alive and grown up, she would have certainly contributed to her family’s future income. The tribunal worked out the compensation at Rs 4.50 lakh for the loss of future income of the family and Rs 50,000 for the loss of love and affection and the funeral cost.
The MACT asked the dumper owner, Nawab Gulam Shaikh, and the vehicle’s insurer, Bajaj Allianz General Insurance Company Ltd, to pay Rs 5 lakh to the girl’s parents.