In the case of Pune – Nasik high way road accident, where a woman aged 50 years being vegetable vender died due to dashed by the a running Car in the month of September, 2008, the Motor Accident Claims Tribunal- MACT has awarded compensation of rupees 3.87 lakh to the Husband and three others (being sons of the deceased woman) and also the Owner and Insurance Company in respect of the said Car was held liable to pay the same amount, along with interest.
The dependants, namely, Husband- Mr. Babanrao and Sons of the deceased woman, Shakubai Walunj, moved before Motor Accident Claims Tribunal- MACT with a petition claiming compensation against her accidental death, and the amount of compensation sough was rupees 5 lack along with interest. However, the lesser amount was granted by the Tribunal- MACT because of non-production of material proof to prove adequate age and earning of the Deceased woman.
The deceased in the concerned case was, while crossing the said Pune – Nasik highway, dashed by the offending car, as has been observed. The Car was proceeding towards Nasik from Pune.
The Petition was opposed by the opposite parties including Driver, Owner of the Car and the Insurance Company which had issued insurance policy in respect of said offending Car. In their objection to the petition, they raised plea that the said accident did not caused due to rash and negligent driving of the Car by its Driver. In their addition plea, they raised that, the alleged accident was caused by motorcycle and not by offending Car.
However, the Tribunal- MACT presided by Member, S.V. Mane denied to believe the objection and suggestion put forward by the opposite parties, by observing that there was no sufficient evident or even witnesses in support of their plea. As such the death was finally, held to had been caused by the rash and negligent driving of the Car and compensation was granted.
In the view of increasing motor vehicles on the road and consequent upon which the road accidents cases, the legislature has tried to provide effective beneficial laws to compensate the victims of such accidents or in case of death, the dependents of such victims who suffer a lifelong loss. Besides, the enforcement agencies, right from lower to highest level, are also trying to provide best possible reliefs against such victimization.
Recently, the Hon’ble Apex Court has requested the legislative authority to enhance the term of punishment in cases of death by rash and negligent driving by amending relevant provisions in the concerned legislation. Said observations were made in Saurabh Bakshi’s Case in the month of March, 2015 and in the view of SC, the change in punishment will bring fear of law in the minds of drivers who drives their vehicles as ‘emperors of the Road’ and cause death of innocents.
by Faim Khalilkhan Pathan.