Bombay HC has ordered Insurance firm, New India Insurance to pay a total sum of Rs. 4.6 Crores to the family of the deceased in a accident that took place in 2016.
Deceased Ravindra Kulkarni was CEO of Tata Precision, Singapore. He was travelling with his family from Pondicherry to Chennai in a car when a Toyota Innova crashed into his vehicle at an extremely high speed.
Innova was driving on wrong side of road and was insured By New India Insurance.
All the family members in the car sustained serious injuries and four people including Ravindra succumbed to their injuries. Ravindra, his son Aniket and the driver of the vehicle died on the spot of the accident. Later, the Shailaja Kulkarni, who was the wife of Ravindra died due to the injuries.
Case was registered against Toyota Innova under the Sections 279, 337, 338 and 304A of Indian Penal Code.
Parents of Ravindra filed a claim Petition before MACT, Pune and filed for a compensation of Rs. 2.1 crores under different heads with 18 per cent interest. The New India Insurance approved a final grant of Rs. 2.5 crores, which was later revised by the Bombay High Court.
Bombay HC took into consideration various things before revising the claim amount.
Ravindra worked as the CEO in Tata Precision, Singapore and earned 11,153 Singapore Dollars every month. He was the sole earner in the family and is now survived by parents who are close to 70 years old and his son Ashish, who is 22 years old.
Family came under sudden financial strain and due to the death of the sole bread-earner in the family, the future of the family became uncertain. Parents of Ravindra also claim that Ashish is suffering from mental and physical trauma and his future looks extremely bleak.
New India Insurance Agency, in turn, appealed that driver of Toyota Innova was driving under influence of Alcohol.
Insurance stated that Insurer cannot be held liable vicariously as the blame lies with the drive.
To this, Bombay High Court stated that,“Insurance Company would not be entitled to raise the said grounds. In any event the said grounds do not fall within the statutory defences which are available to an insurer under Section 149 of the Motor Vehicles Act to the Insurer.”