MACT awards Rs 27L to parents of teen girl killed in 2019 crash

CHHATRAPATI SAMBHAJINAGAR: The Motor Accident Claims Tribunal (MACT) has awarded Rs 27,00,560 in compensation to the parents of a 16-year-old girl who died after being hit by a car in 2019, holding a police sub-inspector solely responsible for the accident due to rash and negligent driving.

The order was passed on March 18 by N M Jamadar, member, MACT, Aurangabad, allowing the claim petition filed by the victim's parents, Shaikh Mohammad Zaheer Mohammad Azam and Naseem Begum, through their counsel F K Patel.

As per the records before the tribunal, the accident occurred on April 22, 2019, between 2pm and 2.30pm near Jama Masjid at the Town Hall area. The victim, Akefa Mahreen Mohammad Zaheer, a Std XI science student who aspired to become a doctor, was riding her moped to attend tuition classes when a car allegedly driven by sub-inspector Santosh Pate rammed her two-wheeler from the rear. The officer allegedly fled the scene without providing any help to the victim. The teenager, who had suffered severe head injuries, succumbed during treatment two days later. The respondents in the case included New India Assurance Company Limited., vehicle owner Arun Pate and driver Santosh Pate. The tribunal directed all three to jointly and severally pay the compensation, along with 9% annual interest from the date of filing of the claim petition until its realisation.

The tribunal noted that although the FIR was initially registered against an unknown person, later developments raised serious concerns over the probe. Following a criminal writ petition filed by the victim's father before the Aurangabad bench of the Bombay high court, the court observed that undue favour appeared to have been shown to the driver, a police officer. A fresh investigation subsequently led to the filing of a chargesheet against Pate.

During the hearing, the insurance firm contended that the victim was a minor and did not possess a valid driving licence, alleging contributory negligence. However, the tribunal rejected the argument, observing that the absence of a licence could not absolve the car driver of liability, particularly when there was sufficient opportunity to avoid the collision.

Holding that the accident occurred solely due to the rash and negligent driving of the car driver, the tribunal ruled in favour of the claimants and directed the respondents to deposit the awarded amount via RTGS or NEFT in the claimants' bank account within the stipulated period.