Seven years ago, in an unfortunate accident on the Mumbai-Thane highway, a 28-year-old engineering student Vineet Gavankar lost both his parents and his aunt. His father was an architect by profession and mother, a banker. As Gavankar was pursuing higher studies, the tribunal granted him Rs 1.20 crores compensation.
Gavankar’s parents were traveling in their car when they rammed into a slow truck between Bhandup and Airoli bridge at 1:45am on 28 October 2010. His parents Harish and Sanjivni and his aunt car suffered severe injuries and later, succumbed. The truck driver was allegedly blamed for negligence as the truck was nearly stationary along the divider and its side indicators were not on.
Under Section 122 of the Motor Vehicles’ Act, an FIR was lodged against the driver. The Section gives the punishment for those who keep or park their vehicles dangerously at a public place. Gavankar, then later submitted an application against the truck owner, Ram Engg. & Construction Co, the truck driver Barkatullah Khan and Oriental Insurance Co Ltd in December 2010.
The tribunal, taking into account the time of the incident stated that it was understandable that without glowing parking lamps or other signs, a heavy vehicle near a road divider on the highway was virtually dangerous. “At night, through a highway journey, the headlights of oncoming vehicles certainly diminish the viewing power of the driver, and under this condition if a vehicle is parked or goes slow without glowing parking lamps through the centre of highway or very close to the road divider, there is every likelihood of not sighting such a vehicle by the driver, which lead to the collision, the tribunal quoted, reported The Times of India.
The tribunal calculated the compensation for Gavankar while considering the time of death of his father who was earning a salary of over Rs 14 lakh per annum and the mother who was earning around Rs 3 lakh. The tribunal ordered a total compensation of Rs 77.50 lakh with 8% interest from 2010 to be shared by the insurance company, truck owner and driver.