Mumbai: No Complaint Filed Against Driver, But Accident Couple Got Rs 18L | Mumbai News


Mumbai: Deciding victims don’t lay charges against offending driver doesn’t mean he’s innocent, traffic accident claims tribunal ordered Powai car owner and insurance company to pay around Rs 18 lakh (with interest) at age 62. the former Ghatkopar resident and his wife who were fractured after the driver of the car they borrowed from a friend lost control of the highway in 2014. The couple, Laxman Bhalerao, who were then working with the service police, and Aruna, did not file a criminal case against the driver, but moved to court, for compensation from car owner Bhanupratapa Singh and his insurance company, Tata AIG Genearal Insurance Company.
The court said that when Aruna’s statement was read as a whole, it became more than obvious that she was unwilling to initiate criminal proceedings against the driver without compromising her legal right to compensation. “Therefore, her statement to the police ends with the conviction that she has no complaints against anyone. The statement certainly does not say that the driver of the car was innocent. At the same time, the plaintiff’s police statement reflects all the facts that point to the negligence of the driver, ”the court said.
Aruna’s salary also included Rs 84,000 as reimbursement for the cost of hiring a domestic help to cook and clean during the year of their recovery. Other items included medical costs, pain and inconvenience suffered, and prolonged physiotherapy expenses.
The Bhaleraos moved the court in October 2014. In separate pleadings, they argued that on June 9, 2014, at 2:20 p.m., they were on their way to the city from Kolhapur. It was alleged that the driver, Dhiren Menta, was driving recklessly and negligently. The couple alleged that on the Pune-Bangalore highway, when a motorcycle suddenly came in front of the car, to avoid an accident, the driver of the car took a right turn, ran over a splitter, and then walked away. is embedded in a wall of the canal. The couple said they both suffered from multiple fractures requiring repeated hospitalizations, limited mobility and needed treatment.
The insurance company strongly contended that there had been no police recorded infractions against the driver or any allegation that the accident had occurred due to his reckless and negligent driving.
The court, however, said that from the driver’s statement it was clear that by noticing the two-wheeler, instead of applying the brakes, he swerved his car to the right. “If he had applied the brakes, the accident could have been avoided … it looks like the car was in speed. If it had been at slow speed, it would not have mounted the divider. In addition, the driver did not apply the brakes to avoid the accident, ”the court said.

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