All four had approached the tribunal, seeking compensation from the rickshaw driver as well as New India Assurance, the company which had covered the vehicle in its insurance plan at the time of the accident. The tribunal, after going through complainant's case, asked the insurance firm and Gupta to file their replies.
The Motor Accident Claims Tribunal recently penalised an auto rickshaw driver and an insurance firm for failing to compensate the family of an 82-year-old deceased man who was struck down by the rickshaw in 2006. The tribunal asked both the parties to pay Rs1 lakh to the family of the deceased with an interest of 7.5 per cent on the amount from 2007.
According to the complainant's case, on December 19, 2006, Dinesh Bhattacharjee was on his way for some work to Navghar, Dahisar, when an errant rickshaw driver, Lalji Gupta knocked down the senior citizen. The man was admitted to a nearby hospital. However, Bhattacharjee could not bear the trauma and the tremendous pain and finally on December 24, he passed away. Bhattacharjee is survived by his 75-year-old wife and three sons.
All four had approached the tribunal, seeking compensation from the rickshaw driver as well as New India Assurance, the company which had covered the vehicle in its insurance plan at the time of the accident. The tribunal, after going through complainant's case, asked the insurance firm and Gupta to file their replies.
Gupta, however, remained silent and did not file a reply to the allegations levelled against him. But the insurance firm denied the averment made by the complainant and claimed: "It is further submitted that the complainant's have not placed all the relevant medical papers of Bhagwati Hospital on record and that they are inter alia the legal heirs of the deceased not entitled to claim compensation. It is further submitted that the application is bad in law and not maintainable as the complainant's have not furnished the details of driving licence and its validity."
The tribunal, after going through the evidence brought on record, claimed that the insurance firm as well as the rickshaw driver were at fault and it penalised both.
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