MACT rejects accident claim of bus conductor's kin over name mismatch in documents

The Thane Motor Accident Claims Tribunal has rejected a claim filed by the family of a bus conductor who died in a road accident in 2012, citing name mismatch of the deceased in the FIR and the claim documents.

MACT Chairman Abhay J Mantri in the order passed on August 10, a copy of which was made available on Thursday, held that the claimants have failed to prove the name of the deceased and to show they are his legal representatives.

The claimants' counsel, advocate G A Vinod, told the tribunal that Dilbahadur Saru worked as a bus conductor/cleaner with a private company and earned Rs 7,000 per month, On November 12, 2012, when the victim, then aged 34, was returning to the bus after filling a water can, a speeding car knocked him down at Nerul in Navi Mumbai.

Saru received severe injuries and died on the spot.

His wife, two minor children and mother moved the tribunal, saying he was their sole breadwinner and sought a compensation of Rs one lakh for his untimely death.

The offending car's owner Mulchand Varichand Jain and the vehicle's insurer opposed the claim. The MACT said on perusal of the evidence and records, it appears that in the said accident, one person named Deepak Thapa Magar had suffered injuries and succumbed to it. There is no dispute about the occurrence of the accident, but the question arises whether the applicants are the legal representatives of the deceased. The applicants have failed to prove that the deceased's name was Dilbahadur Shreebahadur Saru, the tribunal said, adding that they failed to adduce evidence about the accurate name, age and income of the deceased.

It is pertinent to note that as per the FIR, informant Manoj Roy and the driver and cleaner of another bus of the company were present at the accident spot. But, the applicants failed to examine them in support of their claim to bring the correct name of the deceased on record.

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