Thane, Nov 5 The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane has ordered the state-run road transport body to pay Rs 31.95 lakh compensation to the family of a delivery executive who died after a bus hit his motorcycle in 2020.
The tribunal delivered the judgment on November 4.
The deceased, Vijay Laxman Kadam, was riding his motorcycle from Virar to Mira Road along with a companion on the Mumbai-Ahmedabad Highway on June 26, 2020. Around 7.30 am, a car attempted to overtake the motorcycle from the left side, forcing Kadam into the middle lane.
Just then, a bus operated by the Maharashtra State Road Transport Corporation (MSRTC) tried to overtake vehicles and nudged the motorcycle. The impact caused the motorcycle to lose balance, throwing Kadam under the rear wheels of the bus, which ran over his head and caused instant death.
The MSRTC contested the claim, arguing that the accident was caused solely by the rash and negligent riding of the motorcyclist, who attempted to overtake from the left side and skidded.
The tribunal, however, noted that the police had filed a chargesheet against the bus driver under sections 279, 337, 338, and 304-A of the Indian Penal Code (IPC) and Section 184 of the Motor Vehicles Act, and neither the driver nor the corporation had challenged the prosecution or the bus's involvement before any higher authority or court.
The tribunal held that the accident occurred due to negligence of both, the driver of the offending bus and the deceased himself. "The negligence of driver of the offending bus is assessed to the extent of 80 per cent and the negligence of deceased is assessed to the extent of 20 per cent to assess the compensation," it said.
After deducting 20 per cent for the deceased's contributory negligence, the final net compensation was fixed at Rs 31,95,183, it added.
