Mumbai, October 17, 2026: The Motor Accident Claims Tribunal (MACT), Mumbai, has awarded a total compensation of ₹1.14 crore to the families of two men killed and a third passenger permanently disabled in a December 2018 accident involving a tempo.
The tribunal has directed Cholamandalam MS General Insurance Company Ltd to pay the compensation with 9% annual interest and recover the amounts from the tempo owner, Lahu Laxman Popalkar, as the premium cheque had bounced.
In three separate judgments delivered on October 15, 2026, presiding officer Gauri Kawdikar held that the accident occurred due to the negligence of the driver of the Eicher tempo, which was parked on the Mumbai-Bengaluru Highway near Sai Snacks at Tathawade without a parking signal.
The accident occurred around 3 am on December 1, 2018, when a Maruti WagonR car rammed into the stationary tempo. Two passengers, Somnath Pawar and Mukesh Pawar, died from their injuries, while another passenger, Kishore Magar, suffered permanent partial disability.
Families Of Deceased Awarded Compensation
The tribunal awarded ₹37.05 lakh to the family of Somnath Pawar, comprising his wife, parents and two minor daughters. In the case of Mukesh Pawar, compensation of ₹34.42 lakh was awarded to his wife, parents and minor son.
Tribunal Awards ₹42.43 Lakh To Disabled Passenger
In the third case, the tribunal awarded ₹42.43 lakh to Kishore Magar, who suffered 60% permanent partial disability following severe head and facial injuries, including blindness in his right eye. The tribunal assessed his functional disability at 70% while calculating the loss of future income.
His compensation includes ₹31.75 lakh towards loss of future income, ₹3 lakh for pain and suffering, ₹6.47 lakh towards hospital expenses and ₹70,658 for medicines, besides amounts for special diet and conveyance.
Insurer Can Recover Compensation From Tempo Owner
The tribunal noted that the tempo owner had issued a cheque for ₹44,950 towards the insurance premium, but it was returned unpaid due to insufficient funds in November 2018.
Although the insurer had issued a policy and subsequently informed the owner and the Regional Transport Office about its cancellation, the tribunal held that the company could not escape its liability towards third-party victims.
Relying on the Supreme Court’s ruling in Oriental Insurance Co. Ltd. v. Inderjit Kaur, the tribunal observed that third parties should not suffer because an insurer issued a policy without receiving the premium. It held that the insurer was liable to pay compensation to the accident victims but could recover the amounts from the vehicle owner.
Tribunal Rejects Insurer’s Negligence Argument
The tribunal also rejected the insurer’s contention that the accident was caused by the negligence of the WagonR driver, noting that the police records implicated the tempo driver and the insurer had not produced evidence to establish otherwise. It further held that the insurer had failed to establish a breach of policy conditions concerning the driver’s licence.
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The compensation in all three cases will carry interest at 9% per annum from the respective dates of filing the claim petitions until realisation. The tribunal also directed that the amounts awarded to the minor children be kept in fixed deposits until they attain majority.
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