Mumbai-Pune Highway Accident: Thane MACT Awards ₹26.94 Lakh To Family Of Welder Killed By Parked Truck

Thane, June 16: The Thane Motor Accident Claims Tribunal (MACT) has awarded compensation of Rs 26.94 lakh, along with 9 per cent annual interest, to the family of a 31-year-old welder who died after his two-wheeler rammed into a truck that had allegedly been parked without warning lights or safety indicators on the Old Mumbai-Pune Highway.

Tribunal Relies On Supreme Court Guidelines

The tribunal, in its order while deciding the compensation, maintained that the assessment revolves around only specified points as laid down by the Supreme Court.

“As per the guidelines given by the Apex Court in Sarla Verma’s case, only three factors need to be established by the claimants for assessing compensation in case of death: a) age of the deceased, b) income of the deceased and c) the number of dependents. Meanwhile, the issues to be determined by the Tribunal to arrive at the loss of dependency are firstly the additions or the deductions to be made for arriving at the income, secondly the deduction to be made towards the personal living expenses of the deceased and lastly the multiplier to be applied with reference to the age of the deceased,” the order copy maintained.

Fatal Collision On Old Mumbai-Pune Highway

Chavan, on August 20, 2019, was returning home on his motorcycle at around 11 p.m. when he collided with a truck parked on the roadside near Waksai village in Maval taluka of Pune district.

The truck was allegedly stationed for tyre repairs without parking lights, reflectors, diversion indicators or other safety measures, resulting in the fatal collision. Chavan was taken to a primary health centre but was declared dead.

Driver Held Solely Responsible For Accident

The tribunal noted that the Lonavala police had registered an offence under Sections 283 and 304A of the IPC against the truck driver and subsequently filed a charge sheet.

After examining the FIR, spot panchanama, charge sheet and other evidence, the tribunal concluded that the accident occurred solely due to the negligence of the truck driver. It held that there was no contributory negligence on the part of the deceased.

The insurer, Oriental Insurance Company Ltd., had disputed the involvement of the truck and alleged that the deceased was negligent. It also contended that the driver lacked valid documents and that there had been a breach of policy conditions.

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However, the tribunal found that the insurance company had failed to produce evidence to support these claims. The tribunal observed that the driver’s licence and permit were valid at the time of the accident and that no breach of the insurance policy had been established.

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