Thane: The Motor Accident Claims Tribunal (MACT) here has directed an
insurance company and a private transport agency to jointly pay Rs 41
lakh compensation to a woman who lost her husband and close relatives in
a road accident on the Pune-Bangalore highway in November 2003.
The accident occurred when a Wagon-R with five persons was hit a speeding truck. The car's occupants—Nitin Gujare, a prominent chartered accountant, his brother-inlaw Sachin Waikul, his wife Dr Leena, son Aditya and Waikul's mother—were killed. Insurance cos blamed truck driver, claimed no liability
Thane: The judgment by district judge N B Dhayatadak awarding Rs 41 lakh to the widow of a chartered accountant recently has farreaching implications for scores of innocent victims of rash driving and road rage.
The driver of the truck, owned by Puducherrybased Sundharam Pvt Ltd, reportedly lost control over the vehicle and crossed over to the opposite direction, hitting the Wagon-R.
Nitin Gujare's widow Neha filed a complaint against the transport company and the two insurance firms which had covered the truck as well as the motor car for any third party liability. She sought a compensation of Rs 2.75 crore from the transport firm and the insurance companies arguing that her husband's untimely death had resulted in a huge financial loss to the family.
The tribunal was informed that Gujare was a CA of repute in the lake city and had a flourishing practice. Documentary evidence was tabled to show that his total income during the year 2002-03 was close to Rs 50 lakh.
Lawyers representing United India Insurance and Tata AIG argued that they should not be held liable for paying the compensation as they were not directly or indirectly responsible for the accident or fatalities on the highway. They faulted the truck driver for speeding recklessly.
In fact, the police chargesheet and the documentary evidence at the accident spot indicted the truck driver for over-speeding. The counsel for Tata AIG said his client should not be held accountable for the accident as their insurance cover was limited to the victim's Wagon-R and the accident had occurred due to rash and irresponsible driving by the truck driver.
The tribunal in its order held United India Insurance, the company that had insured the truck, and the transport company jointly liable for payment of compensation amount.
After a verification of Gujare's income-tax returns, the judge calculated the compensation payable at Rs. 41.30 lakh, to be paid jointly by Sundharam Pvt Ltd and United India Insurance. He also directed that of this amount, Rs 10 lakh should be kept in a longterm fixed deposit in a nationalized bank in the name of Gujare's minor children and another Rs 5 lakh be paid to Gujare's mother.
FIGHT TO CLAIM COVER
In November 2003, chartered accountant Nitin Gujare, brother-in-law Sachin Waikul, Waikul's wife Dr Leena, son Aditya and his parents are killed when a truck, speeding from the opposite direction, rams into their car on Pune-Bangalore highway
Gujare's widow Neha lodges a complaint against the truck company and the insurance firms that cover the truck as well as the car, demanding a 2.75-crore compensation; she says her husband's untimely death has resulted in huge financial losses to her family
Lawyers representing United India Insurance Company, which covered the truck, and TATA AIG, which covered the car, try to avoid the payment saying they are not "directly or indirectly responsible for the accident or fatalities on the highway". They blame the reckless truck driver
TATA AIG states its insurance cover extends to the victim's car but here, the truck driver is to blame
After hearing the arguments, the Motor Accident Claims Tribunal has ordered United India Insurance and the Pondicherry-based truck company to pay Neha Gujare 41.30 lakh
Of that amount, 10 lakh will be kept in a fixed deposit in a nationalized bank for each of Gujare's minor children. Another 5 lakh will be paid to Gujare's mother
The accident occurred when a Wagon-R with five persons was hit a speeding truck. The car's occupants—Nitin Gujare, a prominent chartered accountant, his brother-inlaw Sachin Waikul, his wife Dr Leena, son Aditya and Waikul's mother—were killed. Insurance cos blamed truck driver, claimed no liability
Thane: The judgment by district judge N B Dhayatadak awarding Rs 41 lakh to the widow of a chartered accountant recently has farreaching implications for scores of innocent victims of rash driving and road rage.
The driver of the truck, owned by Puducherrybased Sundharam Pvt Ltd, reportedly lost control over the vehicle and crossed over to the opposite direction, hitting the Wagon-R.
Nitin Gujare's widow Neha filed a complaint against the transport company and the two insurance firms which had covered the truck as well as the motor car for any third party liability. She sought a compensation of Rs 2.75 crore from the transport firm and the insurance companies arguing that her husband's untimely death had resulted in a huge financial loss to the family.
The tribunal was informed that Gujare was a CA of repute in the lake city and had a flourishing practice. Documentary evidence was tabled to show that his total income during the year 2002-03 was close to Rs 50 lakh.
Lawyers representing United India Insurance and Tata AIG argued that they should not be held liable for paying the compensation as they were not directly or indirectly responsible for the accident or fatalities on the highway. They faulted the truck driver for speeding recklessly.
In fact, the police chargesheet and the documentary evidence at the accident spot indicted the truck driver for over-speeding. The counsel for Tata AIG said his client should not be held accountable for the accident as their insurance cover was limited to the victim's Wagon-R and the accident had occurred due to rash and irresponsible driving by the truck driver.
The tribunal in its order held United India Insurance, the company that had insured the truck, and the transport company jointly liable for payment of compensation amount.
After a verification of Gujare's income-tax returns, the judge calculated the compensation payable at Rs. 41.30 lakh, to be paid jointly by Sundharam Pvt Ltd and United India Insurance. He also directed that of this amount, Rs 10 lakh should be kept in a longterm fixed deposit in a nationalized bank in the name of Gujare's minor children and another Rs 5 lakh be paid to Gujare's mother.
FIGHT TO CLAIM COVER
In November 2003, chartered accountant Nitin Gujare, brother-in-law Sachin Waikul, Waikul's wife Dr Leena, son Aditya and his parents are killed when a truck, speeding from the opposite direction, rams into their car on Pune-Bangalore highway
Gujare's widow Neha lodges a complaint against the truck company and the insurance firms that cover the truck as well as the car, demanding a 2.75-crore compensation; she says her husband's untimely death has resulted in huge financial losses to her family
Lawyers representing United India Insurance Company, which covered the truck, and TATA AIG, which covered the car, try to avoid the payment saying they are not "directly or indirectly responsible for the accident or fatalities on the highway". They blame the reckless truck driver
TATA AIG states its insurance cover extends to the victim's car but here, the truck driver is to blame
After hearing the arguments, the Motor Accident Claims Tribunal has ordered United India Insurance and the Pondicherry-based truck company to pay Neha Gujare 41.30 lakh
Of that amount, 10 lakh will be kept in a fixed deposit in a nationalized bank for each of Gujare's minor children. Another 5 lakh will be paid to Gujare's mother
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