THANE: Motor Accident Claims Tribunal has directed an insurance firm and a tempo owner to jointly pay a compensation of Rs 1.03 crores to the family of a former ship captain who was killed in a road mishap in 2011.
Chairman of the tribunal and Principal district judge S M Gavhane, in his recent order, directed Bupendra Bhoir of Bhiwandi, whose vehicle was involved in the accident, and insurer ICICI Lombard General Insurance Co Ltd to jointly pay the compensation sum to the family of Anil Yadav.
Counsel J P Gadiya appearing for claimants, told the tribunal that Yadav, then 33, was serving as a captain with Starship Maritime Services Pvt Ltd and used to draw a salary of Rs 4.7 lakhs per month.
The owner of the tempo did not appear before the tribunal, and hence the case was decided ex parte against him.
Gadiya further said that on February 1, 2011, Yadav was proceeding towards his house in his car from Shil Kalyan road here.
At Desai Naka, near Padlegaon bus stop, the tempo moving ahead of his car suddenly stopped at a speed-breaker, resulting in the car ramming the three-wheeler.
Yadav sustained serious injuries and died the following day, the tribunal was told.
Gadiya said the accident occurred due to negligence of the tempo driver.
Contesting the claim, counsel on behalf of the insurance firm said Yadav drove the car at a high speed and therefore could not control and rammed the tempo.
The Judge in the order said, "On the basis of evidence of witnesses, panchanama of the spot of accident the evidence of witness for opponent insurance company, I hold that accident took place due to contributory negligence of the deceased and the driver of the offending tempo."
The proportion of the negligence of the deceased and the driver of the tempo was respectively 60:40, the Judge said.
The Judge while working out the compensation stated that total compensation amount comes nearly to Rs 2.58 crores.
Since the accident occurred due to 60 per cent negligence of the deceased and 40 per cent of the driver of the tempo, the applicants are entitled to receive 40 per cent of the claim amount i.e. Rs 1.03 crores, the Judge observed.