Nyati Builders to pay compensation of Rs. 11.21L

Mubarak Ansari
Sunday, 15 April 2018

Pune: The Motor Accident Claim Tribunal (MACT) has ordered Nyati Builders Pvt Ltd and New India Assurance Co Ltd, to pay Rs 11.21 lakh compensation to a youth who became 50 per cent handicapped after being hit by a dumper owned by the builder.

His friend had died in the accident in 2015. Amol Balasaheb Pawar of Khairemala in Shirur taluka had moved the MACT seeking compensation of Rs 25 lakh in 2016.

Pune: The Motor Accident Claim Tribunal (MACT) has ordered Nyati Builders Pvt Ltd and New India Assurance Co Ltd, to pay Rs 11.21 lakh compensation to a youth who became 50 per cent handicapped after being hit by a dumper owned by the builder.

His friend had died in the accident in 2015. Amol Balasaheb Pawar of Khairemala in Shirur taluka had moved the MACT seeking compensation of Rs 25 lakh in 2016.

As per the case details, around 4 pm on October 27, 2015, Pawar along with his two friends was proceeding on scooter ridden by his friend deceased Pranav Pansare through Wagholi-Lohegaon Road. A truck driven by Sanjiv Sopan Kamble hit the rear portion of scooter opposite Splendor Park and Pawar and his friends were thrown on the street but he continued to drive the truck over their bodies, and thereby, the rider of the scooter died on the spot and Pawar sustained injuries on his left foot below the ankle. 

The injuries sustained by Pawar was certified as permanent to the extent of 50 per cent. He spent Rs two lakh on medical treatment, travelling and a special diet. “He is unable to perform his daily pursuits. He needs the help of an attendant. He has lost his earning capacity. His marital prospect is adversely affected. He has undergone pain and suffering, and therefore, he claims total compensation of Rs 25 lakh,” the petition reads.

The truck was owned by the builder company and insured with India Assurance Co Ltd. “The rider of the scooter and Pawar being pillion rider were responsible for riding the bike. They were triple seats on the scooter, and thereby, they themselves committed the breach of the traffic rules. There was no fault on the part of the driver of the truck in hitting the scooter. The age, education, nature of injury of Pawar and the alleged losses stated are denied in toto,” the builder stated before the MACT. 

The insurance company submitted, “The truck was not having the valid fitness certificate at the time of the accident, and thereby, builder company has committed a breach of one of the conditions of the policy, and therefore, no liability can be fastened on us. The accident in question occurred due to the fault of the rider of the scooter and Pawar who was three in numbers while proceeding from the place of the accident.”

After hearing all parties, MACT additional member Mohammad Nasir Saleem ordered the builder and insurance company to pay the compensation.

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