8-yr-old files MACT petition against dad, gets 32L payout | Mumbai News – Times of India

Thane: An eight-year-old girl, through her grandmother as legal guardian, filed a Motor Accident Claims petition against her father, the vehicle owner and the driver, and his insurance company following her mother’s death in a Dec 2021 car accident.The ThaneMotor Accident Claims Tribunalruled in the minor’s favour and awarded Rs 32.41 lakh to the minor, determining the father was negligent when he crashed into a road divider, causing fatal injuries to his wife, a nursing college instructor.According to the claim moved to the tribunal, the tragic incident occurred on Dec 24, 2021, during a journey between Nanded and Umarkhed. The woman, aged 38, sustained serious injuries in the accident and was declared dead at the hospital.The claim was filed under Section 166 of the Motor Vehicles Act, with the father and his insurer named as respondents. An offence was registered at the local police station. The insurance company opposed the petition, arguing that an unknown vehicle hit the insured car from behind, which caused the crash. It also claimed that the father was at fault and did not possess a valid driving licence at the time, which would amount to a breach of the insurance policy. However, after examining the evidence, the tribunal rejected the insurer’s arguments. It held the father responsible fornegligent driving and noted that the vehicle was covered by a valid and comprehensive policy. The tribunal accepted that the deceased was earning Rs 38,411 per month as a clinical instructor and considered this along with other heads of compensation like loss of dependency, future prospects, and funeral expenses.The total compensation was calculated at Rs 64.82 lakh. Since the father was the tort-feasor, the tribunal awarded 50% of the amount—Rs 32.41 lakh—to the minor daughter, with 8% annual interest from the date of petition filing until realisation.