A Motor Vehicles Accident Tribunal in Thane district has dismissed a claim of Rs 4 lakh over the death of a seven-year-old girl, citing that the ambulance she was travelling in at the time of the accident was being misused.
MACT member and principal district judge R M Joshi accepted the submissions of Bajaj Alliance General Insurance Company and dismissed the claim by the victim’s parents.
The order, which was issued last month, was made available on Thursday.
The claimants in the case were the accident victim’s parents Jayprakash Gupta (51) and his wife Darshana (47), while the opponents were ambulance owner Irshad N Hani and the insurance company.
The tribunal was informed that on the night of September 16, 2014, the family was travelling in an ambulance and reached near Mumbai-Agra Highway, when an unknown vehicle dashed the ambulance and sped away.
The girl sustained severe injuries in the accident and died while undergoing treatment at a hospital, it was stated.
Appearing for the insurance company, advocate A K Tiwari contested the couple’s claim of Rs 4 lakh.
In his order, the judge noted that the occupants of the ambulance were not patients, and it is clear that the vehicle was not used for the purpose it is meant for and it was occupied by more people than permissible number of occupants.
The tribunal further stated that the claimants had also failed to establish that the driver of the ambulance, from whose owner the compensation has been claimed, had driven the vehicle in a rash and negligent manner.
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