The Motor Accident Claims Tribunal (MACT) in Maharashtra`s Thane district has awarded a compensation of Rs 21.5 lakh to the family of a 45-year-old woman run over by a speeding tempo in 2020, reported news agency PTI.
The tribunal, presided over by K P Shrikhande, held the tempo driver solely responsible for the fatal accident, directing the vehicle owner and insurer to jointly and severally pay the compensation with a 9 per cent annual interest from December 9, 2020, when the claim was filed, till realisation, reported PTI.
A copy of the order passed on March 30 was made available on Saturday.
The accident occurred on August 30, 2020, on the Kalyan-Bhiwandi road near Kongaon when a speeding tempo hit the victim, Meera Kamlesh Singh, from behind while she was standing near a road divider, reported PTI.
The victim succumbed to the grievous injuries sustained in the accident.
The tribunal held that the vehicle was being driven in a rash and negligent manner.
Quoting a Supreme Court ruling, the tribunal noted, “It is settled in law that once a chargesheet has been filed and the driver has been held negligent, no further evidence is required to establish negligence.”
The tribunal dismissed the insurer`s contention regarding breach of policy conditions.
Treating the deceased as a homemaker, the tribunal fixed a notional income of Rs 7,000 per month and calculated total compensation at Rs 21.5 lakh.
Thane MACT awards Rs 44.13 lakh compensation to kin of man crushed to death by crane
Meanwhile, the Motor Accident Claims Tribunal (MACT) in Maharashtra`s Thane district has granted a compensation of Rs 44.13 lakh to the family of a 46-year-old man who died after a JCB crane crashed into a motorcycle in 2020, reported PTI.
Tribunal member R V Mohite directed the crane owner and the insurer New India Assurance Co. Ltd. to jointly and severally pay the compensation with 9 per cent interest per annum from the date of the petition, reported PTI.
A copy of the order passed on March 24 was made available on Friday.
The accident occurred on February 5, 2020, when the victim, Prabhakar Bajrangi Sharma, was riding pillion on a motorcycle and a speeding JCB crane first dashed into a pedestrian and then hit the two-wheeler and ran over him, reported PTI.
Sharma, who was employed as an assistant manager in an automobile firm, sustained serious injuries and died during treatment at a hospital in Navi Mumbai.
The vehicle owner and the insurance company contended before the tribunal that the motorcyclist had been negligent. However, it rejected these claims, citing a lack of evidence.
“The evidence on record shows that the operator of the offending vehicle (crane) was driving it in a rash and negligent manner,” the tribunal stated, observing that there was nothing on record to show any contributory act on the part of the deceased, reported PTI.
The insurance company sought to avoid liability by claiming the crane operator did not have a valid licence for the vehicle. The tribunal dismissed this technicality, noting that the unladen weight of the JCB was 7,460 kg, falling under the Light Motor Vehicle (LMV) category.
The tribunal awarded Rs 44.13 lakh compensation to the deceased man`s wife and three sons.
(With inputs from PTI)
