In Maharashtra’s Palghar district the Motor Accident Claims Tribunal (MACT) awarded a sum of ₹29.12 lakh in compensation to the mother and her son of a man who was killed in 2015 in a car accident, registered by the name of his wife.
In the order passed on January 17, MACT member Dr Sudhir M Deshpande directed the owner of the car, the driver and the insurer to make a mutual & sever payment to the claimants adding 6% of interest per annum from the date of filing of the claim.
The order of tribunal noticed that since when the car owner was victim’s wife, she wouldn’t be authorized to pay the compensation by herself.
Therefore, the petitioners informed MACT on August 20, 2015, the man aged 50 and was hailing from Palghar district was in the car driving when its tyre burst out in the Bhayander area nearest to Thane. There the vehicle turned turtle and the man got injured.
The man died on September 25, 2015 in a hospital while going through the treatment.
The petitioners also notified the MACT that the deceased earned an annual income of ₹4 lakh from his business.
Deceased’s wife asserted in the case that the tribunal call shots that the petitioners entitle any compensation namely wholly or partly, insurers there are held liable under insurance.
In Petition the claimants were deceased’s mother (83) and son (28). The opponents in the petition were wife of the deceased who was the owner of its driver, insurer and offending vehicle.
MACT ordered in an accident case only the mother and the nominee of the decease can only have the compensation.
The tribunal said in it’s order that current claim petition, son, wife & the deceased’s mother would likely be the natural petitioners if the particular car been retained by third other party.
All the three petitioners in the case have been sanctioned for seeking the compensation from registered vehicle owner in the involvement of the accident.
“As the deceased’s wife herself is the registered owner of the car, she gets to lose her status as the petitioner. Therefore, nobody seeks compensation from oneself. Therefore, the registered owner who is the wife might not be entitled for the compensation, “the tribunal said.
Deceased’s mother and son are considered the legal indicative and therefore have the right to seek compensation from registered owner of involved vehicle in the incident.
The compensation amount awarded by the tribunal included ₹21,77,500 for loss of income, ₹5,44,375 towards future prospects, ₹16,500 for loss of estate, ₹88,000 towards loss of filial consortium, ₹16,500 towards funeral expenses, ₹59,503 for medical bills and ₹10,000 towards the cost of litigation.
The sum of the amount of the compensation awarded by the tribunal is ₹21,77,500 for loss of income, ₹5,44,375 in the future prospects, ₹16,500 in loss of estate, ₹88,000 in the loss of filial consortium, ₹16,500 in funeral expenses, ₹59,503 in the medical bills and ₹10,000 in the cost of litigation.
