Cop’s widow gets Rs47.47 lakh

The Maharashtra Accident Claims Tribunal has awarded compensation of Rs 47.47 lakh to the widow and daughter of a police officer from Dadar’s special protection unit, who died in a car accident on the Pune-Mumbai expressway three years ago, despite the insurance company arguing they were not liable to pay the claims as the cop was not covered under ‘third party’. The tribunal observed that the firm would have to pay up, as they had accepted an  additional premium of Rs250 as insurance cover for unnamed passenger.    

Police sub inspector, Atul Hambir (36) was going from Pune to Mumbai on November 11, 2007, when the driver of the car lost control of the wheel at Taje village and dashed a jeep. Atul was admitted to the Lokmanya hospital in Nigdi, where he succumbed to injuries on November 26.

Soon after, Atul’s widow Utkarsha and daughter Vaishnavi (10) had filed a claim through their lawyers ST Roman and VV Mukadam in 2008. Their plaint named M/s Bilcare Limited, Royal Sundaram Alliance Insurance and Parvati Namdev Hambir (60) as defendants. Defence lawyers RD Kulkarni and Rishikesh Ganu pleaded for the insurance company.

In their plea, Roman and Mukadam said, “Atul was 36 when he died, and had a salary of Rs 27,525. He was in government service, and had he remained alive he would have got 50% addition to his salary in future. The owner of the car and the insurance company with whom the car was insured are both jointly liable to pay Rs50,00,000 to his family.”

The defence stated that the victim was not covered under the third party and the insurance company is not liable to pay compensation.

However, NP Dhote, member of the tribunal said, “The insurance policy was the private car package policy and premium was accepted by the company for unnamed passengers, which means he was covered in the policy.”

A total compensation of Rs 47,47,915, inclusive of 7% interest from April 9, 2008 was awarded. Utkarsha will get Rs35,00,000 and daughter Vaishnavi will get Rs10,47,915.