THE Motor Accident Claims Tribunal (MACT),Pune,has awarded a compnesation of Rs 6.6 lakh to the family of a 27-year-old mehendi artist who died in a road accident in February 2006 after being run over by a speeding truck.
Deceased Atul Phatales parents and two siblings had moved the tribunal seeking Rs 20 lakh as compensation,claiming that all four members of the family were his dependents. The bench presided over by MACT,Pune,Chairman Anant Badar,however,found that the claims of Atuls monthly income were exaggerated. It also refused to consider Atuls 28-year-old sister and 30-year-old brother dependents and reduced the compensation amount to Rs 6,66,200,to be paid by the truck owner and the insurance company.
As per the claimants,at the time of the accident,Atul was working as a mehendi artist at Hotel Ambassador and was earning Rs 4,500 per month. He was also doing the same job at Hotel Kalinga and was getting Rs 4,000 per month. Apart from these,they claimed,Atul was working part time in an apparel shop and earning a monthly salary of Rs 4,000. Apart from these,he would get tips from his clients,which totalled his monthly income to Rs 20,000.
On the day of the incident,Atul was going to Hadapsar with a friend,Nilesh Kachi,on the latters motorcycle (MH12 BM6938). Around 1 pm,when they reached Morwada Chowk,a truck (MP 09 KC4791) came from behind in a negligent manner and hit the bike. Atul and Kachi fell on the road and the truck ran over Atul. His head was completely crushed and he sustained multiple injuries all over his body,which killed him on the spot, said the family.
While the truck driver and the owner did not present their say in front of the bench,the insurance company,National Insurance Co Ltd,blamed Atul and his friend for the accident.
Atul and his friend were fully engrossed in a conversation and were not paying heed to the traffic. The truck approaching from behind blew horn but they did not listen, said the company,which also contested the monthly income claims made by Atuls family.
The court observed that the claims of income were exaggerated,saying he earned only Rs 7,900 from his work as mehendi artist and all other sources.
Accessing the dependency of the claimants,the court concluded that Atuls 28-year-old sister Manisha and 30-year-old brother Mayur could not be considered dependents. Only his mother Pratibha Phatale,58,and father Ratnakar Phatale,60,were considered eligible for the compensation.
The court directed the insurance company,the truck driver and the owner to pay Pratibha and Ratnakar Rs 6.66 lakh in compensation.
The claimants are entitled for Rs 25,000 towards loss of love and affection and Rs 25,000 towards funeral expenses of the deceased. Thus,the two claimants will get a total compensation of Rs 6,66,200, said the bench.
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THE Motor Accident Claims Tribunal (MACT),Pune,has awarded Rs 10 lakh to the family members of a public transport bus driver who died in an accident in 2005. Namdev Raikar worked with PCMT,which was merged with the Pune Municipal Transport (PMT) in 2007 to form Pune Mahanagar Parivahan Mahamandal Limited (PMPML).
On August 4,2005,Raikar was driving a PCMT bus (MH14 Y8310) from Bhosari to Rajgurunagar. When the bus was passing by the Shah petrol pump near Chakan on the Pune-Nashik highway,a minibus rammed into it from behind. Due to the collision,the PCMT bus was damaged. Both Namdeo and the minibus driver got down and were inspecting the damage caused to the bus when a tanker (MH14 F5303) rammed into a Fiat car on the highway and then dashed into the minibus. Due to the impact,the minibus collided with the PCMT bus and crushed Namdeo and the minibus driver who were standing between the two. Namdeo died on the spot while the minibus driver succumbed to his injuries later.
Namdeos wife Sangita,a daughter and three minor sons,had moved the tribunal through their lawyer S T Kolhe,demanding compensation from tanker driver Shankar Suryawanshi and the New India Insurance Company Limited.
The bench presided over by judge Anant Badar held that negligent and rash driving on part of the tanker driver was responsible for the accident.
The driver and the insurance company are directed to jointly and severally pay an amount of Rs 10,01,216 to the claimant as compensation along with interest at the rate of 9 per cent per annum from the date of filing of the petition, said the judge.