Mishap victim's kin get 21.25 lakh as damages

PUNE: A motor accident claims tribunal here has ruled that an insurance company cannot escape liability to pay compensation without establishing its claim that the owner of the insured vehicle violated policy terms and conditions.
The tribunal, presided over by member D M Deshmukh, directed the owner and the insurer of a truck to jointly pay Rs21.25 lakh as compensation to the widow, three minor children and parents of a 25-year-old motorcyclist who was knocked down by a truck in Indapur on May 29, 2010.
New Indian Assurance Company Limited in Pune Camp, which had provided insurance cover to the offending truck, had argued that the truck driver was not holding an effective driving license at the time of the accident. As such, the truck owner and policy holder, Nivrutti C Gaikwad of Kothrud, committed breach of policy terms and conditions and he alone ought to be held liable to pay the compensation, the company argued.
The tribunal, however, observed that the burden of adducing evidence relating to breach of policy terms and conditions lay on the insurance company. It said, "In present case, the respondent no 2 (insurance company) has not discharged its burden of adducing evidence. Hence, the truck owner and the insurance company are jointly liable to pay the compensation," it ruled.
Hadapsar resident Krishna WaldasKasbe was proceeding along the Pune-Solapur highway on his motorcycle when he was knocked down by a rashly driven truck coming from opposite direction near Irrigation Office at Loni Devkar in Indapur. Krishna was taken to the removed to hospital with severe head and other injuries. He succumbed to injuries on July 9, 2010.
His wife, Reshma and relatives, moved a claim petition on September 18, 2010, before the tribunal seeking compensation from the truck owner and the insurance company. Both, the truck owner and the insurer had argued that it was Krishna who was at fault, not the truck driver.
The tribunal dismissed claims while relying on eyewitness account and investigation by Indapur police and held that the accident occurred due to rash and negligent driving by the truck driver. It also observed that the eyewitness evidence remained unrebutted during the trial. The tribunal has directed the truck owner and the insurance firm to pay the compensation within a month from October 10, when the order was passed.