The Thane district Motor Accident Claims Tribunal (TDMACT) has held that a claim can be granted even if the proof of service and income is not presented in the court by the claimant.
Deciding a nine-year-old freak road accident case on July 25,Tribunal judge S Y Kulkarni awarded a sum of Rs 2,08,000 to a man from Pimplagaon village of Murbad taluka as compensation for the accidental death of his 22-year-old son in 2003.
64-year-old Laxman Kashiram Pawar told the court that his son Bhagwan was serving with one Vinod Vitthal Patil and was earning a sum of Rs 3,000 per month. On September 24,2003 he met with an accident when he was going as a pillion rider on a motorcycle.
The owner of the motorcycle,Vinod Patil,and the insurance company with which the bike was insured were the opponents in the case.
The claimants told the court that they were entitled for compensation to the tune of Rs 4,50,000,however,for the purpose of court fee it was restricted to Rs 1,00,000 only.
Applicant’s counsel G W Dhande told the court that both the unknown vehicle and the motorcycle were involved in the accident and hence the insurance company and owner of the motorcycle are liable to pay the compensation.
In his order,the judge stated that “no doubt the applicant has not filed any document on record to show that deceased was working with Vinod Patil and was earning Rs 3,000 per month. However,considering the age of the deceased and as deposed by applicant that at the time of accident,the deceased was 22 years old. I have no hesitation to hold that the notional income of the deceased,Rs 3,000 per month,can be taken into consideration.
The judge said a sum of Rs 1,98,000 can be granted compensation for total loss of dependency. In addition,the court also granted a sum of Rs 10,000 towards funeral expenses.