A Motor Accident Claims Tribunal not too long ago ordered a heavy car owner and an insurance coverage enterprise to spend Rs. 1.11 Crore to the household members of a 37-year-old sales executive with a private firm who died immediately after a dumper knocked him down close to Powai in 2013.
The tribunal proceeded ex-parte against the enterprise that owns the heavy car as it did not respond to a notice. The insurance coverage enterprise, Reliance General Insurance Company, denied allegations produced in the application of the household in search of compensation. It disputed the age of the deceased, Sathosh More, and earnings. It also disputed the involvement of the dumper in the accident.
More’s wife Rupali had appeared just before the tribunal and deposed that on 10 February, 2013, her husband was riding towards Vikhroli. At Powai, close to Suvarna Mandir, the dumper hit his motorcycle from the rear. He fell and sustained significant injuries and was rushed to Hiranandani Hospital exactly where he succumbed to his injuries immediately after fighting for life a month later. Offence was registered against the dumper driver who fled from the spot.
The driver of the dumper was presented as a witness just before the tribunal by the insurance coverage enterprise. He stated in his proof that the deceased had overtaken his dumper along with an Innova and then hit the latter that was in front of his bike, fell and then came below the rear wheels of his dumper.
Tribunal member SB Hedaoo stated in his judgment that the dumper driver has not explained why the bike of the deceased hit the Innova vehicle, whether or not it was for the reason that the vehicle had applied brakes. He also noted that it does not correlate with the spot panchnama which describes the harm to More’s bike. There is no harm observed in it to the front mudguard or wheel of the bike. It also went on to observe that there is no mention even tangentially to the Innova vehicle in the FIR.
“The very existence of the said Innova car on the spot of the accident becomes unbelievable,” member Hedaoo stated and stated it “appears to be an eleventh hour defence”.
Further, the judgment stated that the panchnama shows break marks up to 130 ft from the spot exactly where blood is spilled. “The long break marks obviously point out the crucial fact that such a dumper was at high speed.”
It additional observed the instant conduct of the dumper driver, as stated in the FIR, that he fled from the accident spot with out delivering any healthcare help to the deceased. It enhanced the probability that he was at fault and had a guilty thoughts, it stated.