Thane, Aug 13 The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded Rs 58.39 lakh in compensation to the family of a 29-year-old corporate employee who lost his life in a COVID-19-era road crash in adjoining Raigad district in May 2021.
In a verdict on Wednesday, MACT Presiding Officer R V Mohite held the driver and the insurer of a truck involved in the accident jointly and severally liable, directing them to deposit the compensation amount along with 9 per cent annual interest calculated from the date the petition was filed.
Advocates S S Sawardekar and AK Tiwari appeared for the claimants and the insurance company, respectively. The owner of the heavy vehicle involved in the accident did not appear before the tribunal and the matter was decided ex parte against him.
On the night of May 14, 2021, corporate employee Sachin Sawkar Parande was riding his motorcycle along the Palaspe to Uran Bridge on National Highway 348 in Raigad district when an Ashok Leyland truck struck his vehicle from behind at high speed.
The severe impact caused fatal injuries to Parande, leading the Panvel City Police to file a chargesheet against the truck driver for rash and negligent driving under the Indian Penal Code and the Motor Vehicles Act.
The victim's widow Reshma, their minor son, and his mother filed a claim petition against the truck owner Kakasaheb Shinde and the insurer, The Oriental Insurance Company Ltd.
In its defence, the insurance company contended the deceased contributed to the crash through sudden manoeuvring and that he was riding without safety gear. Also, the offending truck lacked a valid permit at the time of the accident.
Dismissing these arguments, MACT Presiding Officer Mohite observed the truck driver was driving in a reckless manner at high speed and had the last opportunity to avoid the collision. Mohite concluded the crash occurred due to the sole negligence of the truck driver without any contributory fault from the deceased.
Addressing the insurer's claim regarding the expired vehicle permit, the tribunal referenced a circular issued by the Ministry of Road Transport and Highways during the COVID-19 pandemic (when the accident took place).
The judge observed that under the circular issued on March 26, 2021, the validity of motor vehicle documents, including permits that expired after February 2020, was extended through June 30, 2021. Consequently, the MACT held the vehicle (truck) possessed a legally valid permit on the date of the accident in May 2021 and rejected the insurer's plea of policy breach.
To determine the final compensation, the tribunal evaluated the deceased's monthly salary at Rs 27,000 based on evidence provided by his employer, a private company, adjusting the figure to Rs 3,17,920 annually after standard tax deductions.
Applying a multiplier of 17 suitable for his age along with a 40 per cent addition for future prospects and a 1/4 deduction for personal living expenses, the MACT calculated the dependency loss at Rs 56,74,872. Adding statutory non-pecuniary amounts for loss of consortium, funeral expenses, and loss of estate brought the total award to Rs 58,39,872.
The tribunal directed that the awarded compensation be distributed among the dependents, granting Rs 30,39,872 to Parande's widow with Rs 8,00,000 placed in a 3-year fixed deposit. The minor son was allocated Rs 20,00,000 to be kept in a fixed deposit until he attains majority, while Rs 8,00,000 was awarded to the mother of the deceased.
The opponents were directed to deposit the full compensation into the Tribunal's account within one month.
