Thane, Aug 18 The Motor Accident Claims Tribunal (MACT) in Thane has awarded a Rs 51 lakh compensation to the family of a 32-year-old wholesale vegetable vendor, who was killed in an accident on the Eastern Express Highway in Mumbai in May 2023.
Tribunal's Presiding Officer R V Mohite, in an order on Monday, directed truck owner Rafik Fakir Mohammad Malim (Charbhuja Transport Co) and Reliance General Insurance Company Ltd to jointly pay the compensation amount along with 9 per cent annual interest from the date of filing the petition until realization.
In the proceedings before the MACT, advocate PL Naik represented the claimants, while advocate K V Poojari appeared for Reliance General Insurance.
The accident occurred on May 31, 2023, at around 9:30 pm, when the vegetable vendor, Suraj Gungaram Patil, was riding his scooter towards his residence. Under a bridge on the Eastern Express Highway, a speeding trailer (truck) hit his scooter from behind, causing severe injuries.
Patil was rushed to Rajawadi Hospital in Mumbai, where doctors declared him brought dead. The Neharunagar police subsequently registered a case against the trailer driver.
Reliance General Insurance contested the petition for compensation, alleging the driver lacked a valid driving licence, permit, and fitness certificate, and accused the victim of contributory negligence.
Rejecting the defence claims, MACT Presiding Officer Mohite ruled the accident occurred due to the sole negligence of the trailer driver.
"The driver of offending vehicle was the person having last opportunity to avoid accident. There is nothing on record to show any contributory negligence on the part of deceased. Thus, the accident occurred due to rash and sole negligent driving of driver of the offending vehicle," he observed.
Regarding the policy breach defence raised by the insurer, the tribunal reviewed the licence, permit, and fitness documentation produced on record and rejected its arguments.
"The driver of offending vehicle was holding valid driving licence as well as valid permit and fitness certificate at the time of accident. Thus, there is no breach of the policy by the opponent (Malim). The insurer has failed to prove that the opponent (Malim) has committed breach of terms and conditions of insurance policy," said the quasi-judicial body.
Accepting the vegetable vendor's annual income as Rs 2,84,900 based on his I-Tax return filed for AY 2022-23, the court applied a 40 per cent addition for future prospects and deducted one fourth towards personal expenses for five dependants.
Applying a multiplier of 16 for the 32-year-old victim , dependency loss was fixed Rs 34,18,800 , alongside Rs 13,67,520 for future prospects, Rs 2,80,000 for loss of consortium, Rs 15,000 for loss of estate, and Rs 15,000 for funeral expenses.
In all, the tribunal awarded a compensation of Rs 50,96,320 to the family of the deceased vegetable vendor. The MACT directed structured payouts to the victim's widow, two minor children, elderly parents, sister and brother.
