Palghar, Jul 27 The Motor Accident Claims Tribunal (MACT) in Palghar has awarded a compensation of Rs 51.65 lakh to the family of a 53-year-old schoolteacher who was killed when a trailer rammed into a car driven by her husband in 2017.
The trailer's insurer contended that the accident occurred due to contributory negligence by the husband and argued for a lower income evaluation, claiming her salary should only be calculated for the remaining five years until her retirement.
However, MACT member A R Rahane, in the order passed on July 17, rejected the insurer's arguments, citing legal precedents. A copy of the order was received on Sunday.
The victim, Sudha Vijaykumar Chopra, was returning to Mumbai from Vapi in a car driven by her husband, Vijaykumar Shyamkumar Chopra (60) on December 31, 2017, when a speeding trailer hit the rear side of their vehicle near Haloli village on the Mumbai-Ahmedabad Highway.
The impact caused the car to hit the road divider and flip over 3 to 4 times into the opposite lane. Sudha died on the spot, while her husband and son sustained grievous injuries. Her husband and their 31-year-old son Rishabh, who was paralysed after the accident, approached the tribunal for compensation.
The tribunal said there is no evidence on record to suggest contributory negligence by Vijaykumar or any other cause for the accident. Hence, the woman died due to rash and negligent driving of the trailer driver, and there was no contributory negligence by Vijaykumar, it inferred.
Citing a court ruling, the MACT said that in compensation cases under the Motor Vehicles Act, strict rules of evidence do not apply and the "standard of proof is based upon preponderance of probability".
The tribunal held the trailer owner, a resident of Jodhpur, Rajasthan, and its insurer jointly and severally liable to pay Rs 51,65,600 with 6 per cent per annum interest from the date of filing of the petition (on March 3, 2018) until realisation.
It directed the opponents to deposit the awarded sum in court via account payee cheque or NEFT within two months.
The woman's son, who was injured in the accident, was awarded a compensation of Rs 1.06 crore by the tribunal vide another order.
