Insurance company asked to pay Rs 5 lakh compensation
12 Aug, 2014 03:03 PM
Thane Motor Accident Claim Tribunal (MACT) here has granted a compensation of Rs 5 lakh to a Bhiwandi-based woman in a 2011 accident case in which her eldest son was killed.

In the order, delivered recently by judge S Y Kulkarni, the owner of vehicle in which the victim was travelling, and Reliance General Insurance Company were jointly directed to pay the compensation of Rs 5 lakh to claimant Zubaida Aqbal Khan (52) and her five minor children.

According to claimant Zubaida, her eldest son Rafique Aqbal Khan (18), a mechanic, was going to Nashik in Lokesh Jagdish Prasad Kasera's jeep, along with the driver and met with an accident.

Zubaida told the court that the driver lost control of the vehicle and rammed it into a state transport bus coming from opposite direction and then dashed it into a tanker.

Her son sustained serious injuries, and later died on same day during treatment.

Reliance General Insurance Company in its argument told the court that policy terms were violated and there were two other vehicles as well involved in the negligence and hence it was a "contributory negligence".

The judge however, dismissed the argument, stating it is difficult to accept the defence taken by the opponent about the negligence or contributory negligence on part of drivers of the two vehicles.

The court also observed that there was no evidence in support of the defence taken by the insurance company about the breach of terms and conditions of policy on part of insurer.
Source : Dna

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