3 weeks ago
Thane tribunal grants Rs 63.8 lakh compensation to victim's family
A man named Sharad Gaikwad was riding on the back of a motorcycle in 2018.
A fast-moving truck hit the motorcycle, and he was badly hurt.
He was taken to a hospital but sadly died a few days later.
His family went to a special court called a tribunal to ask for money to help them after their loss.
The tribunal is called the Motor Accident Claims Tribunal in Thane, Maharashtra.
The court decided that the truck's owner and the insurance company must pay the family Rs 63.8 lakh.
The insurance company did not want to pay and said the police report was filed late.
The court said that did not matter, because there were eyewitnesses and official papers showing the truck was involved.
The family will also get extra money each year as interest on top of the compensation.
Thane MACT awarded Rs 63.8 lakh compensation to the family of Sharad Gaikwad, a 34-year-old store manager killed in a 2018 truck accident.
Gaikwad was riding pillion on a motorcycle on the Nashik-Mumbai Highway on June 4, 2018, when a speeding truck rammed into the two-wheeler; he died days later in hospital.
The truck owner, Rajaram R Gupta, and insurer, Shri Ram General Insurance Co. Ltd., were directed to pay the amount jointly and severally with 9% annual interest from 2018.
The insurer contested the claim, citing a 29-day delay in lodging the FIR on July 3, 2018, and questioning the truck's involvement, the driver's identity, and alleged breach of policy terms.
The tribunal rejected the insurer's objections, holding that the FIR delay is no ground to deny the truck's involvement when backed by the chargesheet and eyewitness testimony.
- Who
- Sharad Gaikwad, a 34-year-old store manager, was the victim; his wife, two children, and parents received the compensation, and truck driver Rameqbal Rajitram Mishra was chargesheeted.
- What
- The Motor Accident Claims Tribunal awarded Rs 63.8 lakh compensation, with 9% annual interest, to the victim's family.
- Where
- Thane district, Maharashtra; the accident took place on the Nashik-Mumbai Highway.
- When
- The accident occurred on June 4, 2018, and the tribunal passed the compensation order on Friday.
- Why
- Because Gaikwad died after being hit by a speeding truck, and the tribunal found the truck owner and insurer liable to compensate his family.
Family and Tribunal View
Insurance Company View
Delay in filing FIR
Family and Tribunal View
The tribunal said relatives were rightly focused on the victim's health and well-being after the accident, and it is not expected of them to rush to the police station first; the delay does not deny the truck's involvement.
Insurance Company View
The insurer argued that the 29-day delay in lodging the formal FIR on July 3, 2018 undermined the claim.
Truck involvement and driver identity
Family and Tribunal View
The tribunal held that the truck's involvement was backed by the chargesheet and eyewitness testimony.
Insurance Company View
The insurer contested the claim by challenging the truck's involvement and questioning the driver's identity.
Breach of policy terms
Family and Tribunal View
The tribunal did not accept the insurer's challenges and ordered the owner and insurer to pay jointly and severally.
Insurance Company View
The insurer alleged a breach of policy terms as a ground against the claim.
Key facts
- Compensation awarded
- Rs 63.8 lakh
- Victim
- Sharad Gaikwad, 34, store manager
- Accident date
- June 4, 2018
- Location
- Nashik-Mumbai Highway, Thane district, Maharashtra
- Truck owner
- Rajaram R Gupta
- Insurer
- Shri Ram General Insurance Co. Ltd.
- Driver chargesheeted
- Rameqbal Rajitram Mishra
- Interest
- 9% per annum from date of petition filing in 2018
- Victim's monthly income
- Rs 23,800
Sources
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