Thane, Oct 1 The Motor Accident Claims Tribunal (MACT) in Thane district has awarded a Rs 5 lakh compensation with 9 per cent annual interest to the mother of a 12-year-old boy who was killed after being run over by a civic body's garbage truck in May 2021.
The tribunal, presided over by MACT Member R V Mohite, on Monday directed The New India Assurance Company Ltd to pay the compensation to the claimant and subsequently recover the entire sum from the truck owner, the civic commissioner of Kalyan- Dombivli in Thane district, due to a clear breach of insurance policy terms.
The boy, Amit Jagdish Dhakad, was playing on a road opposite a residential building in Kalyan on May 22, 2021, when a Kalyan-Dombivli Municipal Corporation (KDMC) garbage truck taking a reverse at high speed dashed him, causing fatal injuries, according to case details.
In its defence, the KDMC argued that the driver of the truck was provided by a private contractor, Vishal Expert Services Pvt Ltd, and claimed Government Resolution advisories during the COVID-19 pandemic (when the accident took place) extended the validity of vehicle fitness and driving licences.
However, RTO records revealed that the truck's fitness certificate had expired on March 10, 2013, and was never renewed. Also, the driver's transport class driving license had expired on August 13, 2019, well before the pandemic lockdowns took effect.
Holding the KDMC accountable as the owner of the truck and citing breach of policy conditions, Judge Mohite made key observations while deciding the petition for compensation.
"On 13/08/2019, there was no lockdown. Even, there was no lockdown from 13/08/2019 to 12/09/2019. Then also, the driver of the offending vehicle had not renewed his licence. The opponent No 1 (KDMC) cannot take disadvantage of GR dated 26/03/2021 as there was no COVID pandemic till 12/09/2019. Thus, the driver of offending vehicle had driven it from 13/08/2019 to 26/07/2023 without holding a valid licence and fitness certificate. Thus, there is breach of policy," the tribunal member observed.
"The opponent No 1 KDMC was expected to verify driving licence of drivers supplied by Vishal Expert. The opponent No.1 has not produced verification report on record. Admittedly, the opponent No.1 is owner of the offending vehicle. Vishal Expert had agreed to supply drivers on the garbage vehicles of the KDMC as per agreement. So, the KDMC is not at liberty to deny liability of driver on its garbage vehicle in respect of third party in accident claims," said Judge Mohite.
Calculated at a notional income of Rs 30,000 per annum using a multiplier of 15 along with conventional heads, the MACT ordered the insurance firm to deposit the Rs 5 lakh compensation along with interest from the petition filing date into the tribunal's bank account within one month for direct transfer to the account of the claimant (boy's mother).
