Insurance companies blamed truck driver, claimed no liability

The judgment by district judge N B Dhayatadak awarding Rs 41 lakh to the widow of a chartered accountant recently has far-reaching implications for scores of innocent victims of rash driving and road rage.

The driver of the truck, owned by Puducherry-based Sundharam Pvt Ltd, reportedly lost control over the vehicle and crossed over to the opposite direction, hitting the Wagon-R.

Nitin Gujare’s widow Neha filed a complaint against the transport company and the two insurance firms which had covered the truck as well as the motor car for any third party liability. She sought a compensation of Rs 2.75 crore from the transport firm and the insurance companies arguing that her husband’s untimely death had resulted in a huge financial loss to the family.

The tribunal was informed that Gujare was a CA of repute in the lake city and had a flourishing practice. Documentary evidence was tabled to show that his total income during the year 2002-03 was close to Rs 50 lakh.

Lawyers representing United India Insurance and Tata AIG argued that they should not be held liable for paying the compensation as they were not directly or indirectly responsible for the accident or fatalities on the highway. They faulted the truck driver for speeding recklessly.

In fact, the police chargesheet and the documentary evidence at the accident spot indicted the truck driver for over-speeding. The counsel for Tata AIG said his client should not be held accountable for the accident as their insurance cover was limited to the victim’s Wagon-R and the accident had occurred due to rash and irresponsible driving by the truck driver.

The tribunal in its order held United India Insurance, the company that had insured the truck, and the transport company jointly liable for payment of compensation amount.

After a verification of Gujare’s income-tax returns, the judge calculated the compensation payable at Rs. 41.30 lakh, to be paid jointly by Sundharam Pvt Ltd and United India Insurance. He also directed that of this amount, Rs 10 lakh should be kept in a long-term fixed deposit in a nationalized bank in the name of Gujare’s minor children and another Rs 5 lakh be paid to Gujare’s mother.

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