Motor Accident Claim Tribunal awards ₹55.97 lakh relief to kin of pregnant accident victim

The Motor Accident Claim Tribunal (MACT), Pune, presided by RH Mohammad, has awarded a compensation of ₹55.97 lakh, including an interim compensation with 9 per cent interest, to family members of a pregnant accident victim on Thursday. The MACT directed two persons, including United India Insurance Co Ltd, to pay the compensation to the next of kin. 

Faiyaj Mansur Momin, the deceased woman’s husband, a resident of Sasane Nagar in Hadapsar, had filed an application under section 166 of the Motor Vehicle Act (MVA) seeking compensation for the death of his pregnant wife, Aasma Momin (28), in a motor vehicle accident on May 21 , 2015. The incident occurred within the jurisdiction of the Hadapsar police station. According to the complaint, Aasma was a teacher with a monthly salary of ₹28,016 and had future prospects of becoming a permanent employee. 

The complaint stated that Aasma was riding her TVS Scooty Pep with vehicle registration number MH EU 5351 to Kale Padal via Sasanenagar when she was hit by a speeding tanker driven by Kishor Sadhe. The driver lost control over the tanker and dashed against the two-wheeler leading to the accident. Aasma sustained serious injuries and was rushed to Noble Hospital where she succumbed to her injuries. An offence was registered against Sadhe under relevant Sections of the Indian Penal Code (IPC) and Motor Vehicle Act (MVA) by the Hadapsar police. 

According to the complaint, the tanker driver was as under the employment and instruction of Nitin Yashwant Shivarkar, a resident of Rasta peth. Shivarkar was the registered owner of the tanker and the vehicle was insured with United India Insurance Co Ltd.

Faiyaj requested that a just and reasonable compensation of ₹60 lakh with 15 per cent interest must be granted to the family. Sadhe failed to appear before the tribunal and the claim application was processed ex parte against him. 

Both Shivarkar and United India Insurance Company filed their respective statements and stated that the deceased lost control over the two wheeler and unexpectedly slipped and crashed against the tanker, which was approaching in a moderate speed. They denied that the deceased was pregnant at the time of the accident and that she lost the foetus. United Insurance Company also added that the offending tanker did not have a valid permit at the time of the accident and requested that the claim application be dismissed. 

Following the statements,the MACT came to the conclusion that the tanker driver had indulged in rash and negligent driving leading to death of Aasma and the tribunal passed the order to compensate the next of kin.