Pune: The Motor Accident Claim Tribunal (MACT) has directed an insurance company, tanker owner and driver to jointly pay compensation of Rs 55.97 lakh to family members of a 28-year-old woman teacher. She was six months pregnant at the time of the incident. The amount will be divided equally between her husband and her parents.
The deceased Asma Faiyaj Momin, a resident of Sasanenagar, Hadapsar, was driving a scooty when the tanker dashed the vehicle from behind at Ganpati Chowk in Sasanenagar. The incident took place at around 1.45 pm on May 21, 2015. Her father, who was on another bike, rushed her to hospital but she succumbed to her injuries.
Later he filed an FIR against the tanker driver Kishore Sadhe (31) with Hadapsar police station.
The deceased worked as a teacher and earned Rs 28,016 per month. She was a permanent employee.
Based on a police charge sheet, her husband Faiyaj and her parents moved the MACT demanding compensation of Rs 60 lakh from the driver Sadhe, tanker owner Nitin Yashwant Shivarkar of Rasta Peth and the United India Insurance Co Ltd, with whom the tanker was insured.
During the hearings, the owner took the defence that the deceased herself was responsible for the accident. “The deceased lost her control over the Scooty Pep and unexpectedly slipped and herself dashed against the tanker, which was coming at a moderate speed,” the owner
However, the MACT citing police papers noticed that the tanker had hit the two-wheeler from behind, and didn’t accept this
On the other hand, the insurance company tried to shirk its responsibility stating that the tanker didn’t have a permit to ply on the date of the accident. But this was also proved wrong as the tanker has permit till 2020.
After hearing all the sides, MACT member RH Mohammad ordered the opponents to pay Rs 55.97 lakh compensation with nine per cent interest since the date of filing of the petition, till its realisation.