Thane, Aug 9 (PTI) The Motor Accident Claims Tribunal here has awarded a compensation of Rs 13.64 lakh to the parents of a 19-year-old who died after being hit by a car in 2016.
Judge R V Mohite ruled in his order passed on August 5 that The New India Assurance Co must first pay the compensation, even though the insured vehicle was being used in violation of the terms of its third-party insurance policy, and then recover the amount from the car owner.
As per the application filed by Manohar and Bebibai Patil before the tribunal, their son Ashish Patil was hit by a Maruti Swift in Maval on November 6, 2016, and died before receiving medical aid.
The car was allegedly being driven at high speed in a rash and negligent manner, and the police registered a case against the driver, Sunny Patil, under various sections of the Indian Penal Code and the Motor Vehicles Act, and subsequently filed a charge-sheet.
After his parents claimed compensation, car owner Jayendra L Kachalia, director of Navneet Motors, argued that it was a “loaner car” provided to a customer, Jagdish Mhatre, while his car was being serviced. The accident occurred while the vehicle was in the possession of the customer who was “solely responsible” for it, the owner contended.
The tribunal noted that the car was given to Mhatre, who handed it over to Sunny Patil without the owner’s knowledge or consent, and Sunny Patil had no valid license.
There was nothing to show any contributory negligence on the part of the deceased, it added.
Despite the breach of insurance policy terms by the car owner, the judge held that New India Assurance must pay the compensation first. He cited an “avoidance clause” in the policy, which allows the insurance company to “pay compensation amount at first instance and then to recover the same from the opponent”. PTI COR KRK
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.