United India Insurance Company to pay Rs 41 lakh compensation: MACT

The Motor Accident Claims Tribunal (MACT) has directed insurers to pay the family of a deceased chartered accountant Rs 41 lakh as compensation towards their claim.

The tribunal judge N B Dhaytadak also directed the transport agency to pay an interest at the rate of 7.5% till realisation of the claim amount.

City-based CA Nitin Gujare was killed in a car accident in 2003 on Pune-Bangalore Highway.

Gujare's wife Neha had filed the claim of Rs 2.75 crore against Puducherry-based transport company Sundharam Private Limited, United India Insurance Company and Tata AIG General Insurance Company.

Delivering the ex parte order, the judge said "it is proved from the documentary evidence that the accident was caused due to the fault of the truck driver".

The counsel for the Tata AIG relied on the case of Usha Rajkhowa and others V/s Paramount Industries and others reported in 2009.

The tribunal rejected the claims of United India Insurance Company and Sundharam Pvt Ltd in awarding the compensation, while accepting Tata AIG's argument that the truck driver was at the fault resulting in the accident.

"The applicants are entitled to claim the compensation including future prospects of the deceased", the judge said.

"The age of the deceased was 35 at the time of the mishap. Therefore, applying the multiplier of 17 as per the Schedule of the MV Accident Act, 1988 the total loss comes to Rs. 40.80 lakhs", the tribunal said.

The tribunal factored in Rs 10,000 as funeral expenses, Rs 25,000 as consortium and Rs 15,000 towards loss of estate.

The amount will be borne jointly by the transport company and the United India Insurance Company.

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