Mumbai, Dec 23: The Motor Accident Claims Tribunal (MACT), Mumbai, has partly allowed a compensation claim filed by the brother of a deceased Central Railway employee, holding that while the fatal accident was caused by the rash and negligent riding of a motorcycle, the claimant failed to prove financial dependency on the deceased.
The tribunal awarded total compensation of Rs 1.86 lakh along with interest at the rate of 7.5 per cent per annum from the date of filing of the petition.
Tribunal Limits Scope Of Compensation
The order, passed by MACT Chairman Monica I. Arland, observed that although negligence on the part of the motorcycle rider was clearly established, the scope of compensation must remain limited in the absence of proven dependency.
Background Of The Deceased And Terminal Benefits
According to the case details, the deceased, Abhijeet Apurbhakumar Chatterjee, was working as a Senior Engineer (IT) with Central Railway at the time of his death.
Following his demise, terminal benefits amounting to Rs 63.60 lakh were released by the Railways towards gratuity and other dues. As the deceased was unmarried and his parents had predeceased him, his younger brother, Sujit Apurbakumar Chatterjee, became the sole surviving legal heir.
Claimant’s Submissions Before MACT
During the hearing, counsel for the claimant argued that the applicant, being the real brother and sole legal heir, had performed the last rites and was entitled to the estate of the deceased.
It was further submitted that the claimant was dependent on the deceased’s income. However, the Railways informed the tribunal that Rs 63.60 lakh had already been paid to the legal heirs of the deceased.
Loss Of Dependency Claim Contested By Insurer
In his claim application, the claimant, Sujit Chatterjee (48), contended that he was entitled to compensation under the head of loss of dependency, asserting that the deceased had been financially supporting him. He further stated that he had been working abroad and had later returned to India for medical treatment.
Insurer Highlights Lack Of Financial Dependence
Opposing the claim, the insurer’s advocate submitted that the claimant was a resident of Hong Kong and had failed to establish financial dependency on the deceased. The insurer also highlighted that substantial terminal benefits had already been paid by the Railways, and therefore the claimant could not seek compensation for loss of dependency.
Compensation Awarded Under Limited Heads
Accepting these submissions, the tribunal held that the claimant had failed to prove dependency but was entitled to limited compensation as a legal representative.
Accordingly, it awarded Rs 18,000 towards funeral expenses, Rs 18,000 towards loss of estate, and Rs 1.50 lakh towards medical expenses already settled under a group mediclaim policy, taking the total compensation to Rs 1.86 lakh.
Liability Fixed On Motorcycle Owner And Insurer
The owner of the motorcycle and the insurer were held jointly and severally liable to pay the awarded amount along with interest.
Also Watch:
Details Of The Fatal Accident
The claim arose from a road accident that occurred on May 28, 2021, when Abhijeet Apurbhakumar Chatterjee, aged 58, was hit by a motorcycle while crossing Dr B.A. Road near Takiya Masjid in Parel, Mumbai.
He suffered severe head injuries and succumbed during treatment on May 30, 2021. The offending motorcycle was insured with Tata AIG General Insurance Company Limited.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
