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Man to compensate own kin for accident due to rash driving

May 31, 2018 05:57 AM


Shaikh, Insurer To Make Payment 24 Years After Crash


Twenty-four years after a car accident, a court ordered a man to pay his own family members compensation for injuries they sustained due to his “rash and negligent driving”. The man and his insurer will jointly pay the amount with interest to four persons, including his wife and two daughters.

On August 9, 1994, Gulam Mayuddin Shaikh, now 76 years old, was driving his car from Viramgam to Ahmedabad. He lost control and the car slammed into a tree near Sanand. All the occupants were grievously hurt – Shaikh, his wife Rukhsanabanu, daughters Koshar Jahan and Sabana and his mother-in-law Khatun Nadkar.

All received medical treatment at private hospitals. An FIR was lodged in Sanand for the accident. In October 1994, the family members filed petitions before the Mirzapur rural court, which also functions as a Motor Accident Claims Tribunal, and sought compensation for damages from the National Insurance Company Ltd and from Shaikh, for his rash and negligent driving.

While Shaikh did not appear before the court, the insurance company opposed the claims. The court heard the case for 24 years and passed its order last week, upholding the contention that the accident was caused by rash driving.

Respondent to pay the money within a month

After evaluating documents pertaining to injuries, treatment received and money spent on treatment, the court ordered Shaikh and the insurance company to pay Rs 3,700 to Koshar Jahan against her claim of Rs 9,000; Rs 21,100 to Sabana against her claim of Rs 70,000; Rs 22,000 to Rukhsanabanu against her claim of Rs 70,000; and Rs 11,500 to Nadkar against her claim of Rs 25,000. Nadkar died five months after the accident, due to the injuries suffered in it, according to her daughter, Rukhsanabanu.

The court ordered Shaikh and the insurance company to pay the sum with 9% interest for these 24 years. The court ordered the respondents to make payment in a month’s time. Shaikh’s daughter Sabana was three years old when the accident took place. She is now a mother of three. Koshar Jahan got her son married recently

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