Thane, Oct 6 The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane awarded a compensation of Rs 34.54 lakh to the family of a 24-year-old labourer who died due to electrocution at a Metro rail project site in May 2021.
Tribunal member R V Mohite on Monday directed the owner of a Hydra Crane and its insurer to jointly and severally pay the compensation amount along with interest at 9 per cent per annum from the date of filing the petition till realisation.
According to the claim petition, the incident occurred on May 18, 2021, at the Metro Line 5 project site on the Thane-Bhiwandi Road, where the victim, Mohammad Najre Alam Shaikh, was working as a labourer.
While shifting cement blocks with a Hydra Crane, Shaikh was standing on the crane holding the wire rope attached to the boom hook connected to the cement blocks. The crane driver raised the boom upward, causing it to come into contact with an overhead high-tension live electricity line, due to which Shaikh got electrocuted.
An FIR under Section 304(A) (causing death by a rash or negligent act not amounting to culpable homicide) of the Indian Penal Code was registered against the site engineer and the crane driver.
Addressing the contention of the insurance company regarding the use of the vehicle and safety lapses, MACT member Mohite observed,
"The expression 'use of a motor vehicle' in section 92(A) of the Motor Vehicle Act covers accidents which occur both when the vehicle is in motion and when it is stationary. Thus, the accident should be connected with the use of a motor vehicle, but the said connection need not be direct and immediate."
It further noted that it was the duty of the owner to provide safety gear to its employees, and it was also the crane driver's duty to check and supervise if employees working on the site had worn the safety gear.
The tribunal awarded Rs 34.54 lakh to the victim's wife, mother, minor brother and daughter.
