Mumbai: Ten years after a UK-based family of Indian origin met with an accident that left two of its members dead, the Bombay HC has awarded the surviving family members over Rs 1 crore in compensation.
The family was on holiday when a truck rammed into the Qualis in which they were travelling in Rajasthan on July 26, 2003. While British national Dilip Samani and his daughter Janaki (8) died, Samani's wife Aruna, his other daughter Nikita and niece Poonam Gokani suffered injuries. The HC also upheld compensation of Rs 5.93 lakh to Poonam for injuries suffered as well as "loss of prospects of marriage" due to the facial disfigurement suffered by her.
Adivision bench of Justice Abhay Oka and Justice Gautam Patel dismissed the insurance firm's claims that the truck and Qualis were equally to blame for the accident and should therefore share the compensation amount.
The HC agreed with the motor accidents claims tribunal (MACT) that the truck, being the bigger vehicle, had the obligation to try and avoid the accident. It said the FIR had blamed the truck driver for rash and negligent driving, a witness in the vehicle had testified that the Qualis' driver had tried to avoid the mishap, and the truck driver was not called as a witness by the insurance firm.
After the accident, a claim for compensation was filed before MACT Daman. The insurance company challenged the damages awarded.
The HC took into consideration the income of Dilip, who had a garment business in Leicester. On the basis of his tax details, the HC calculated his average annual income as 15,000 pounds just before his death and asked the firm to pay compensation of Rs 98.50 lakh along with 7% interest.
The court, however, quashed the tribunal's order for compensation on account of Janaki's death and injuries to Aruna as it was based on 4.50 pounds as minimum wages in UK in 2003. The court said that there were no documents to support this and awarded Rs 6.14 lakh to Aruna and Rs 3.60 lakh as compensation for Janaki's death.
E-way mishap kills 3 T hree women were killed and 21 others injured when theovercrowded pickup van they were travelling in was hit by a car on the Pune-Mumbai expressway in Lonavla on Monday night. The condition of three persons was stated to be serious. They were admitted to Lokmanya Hospital in Nigdi. TNN
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