A Motor Accident Claims Tribunal (MACT) has ordered a truck owner and its insurance company to pay over Rs. 31 lakhs in compensation to the widow and minor son of a mason who died in his early thirties after being hit by the speeding heavy vehicle in 2015.
The unfortunate incident had taken place seven years ago on Aug 22, 2015 when the deceased Mohammad Shaikh was walking on the side of the old Mumbai - Pune highway at Khandala with two others persons. The speeding truck had lost control at the corner of the road and toppled towards the left side, hurting them in the process. Shaikh was taken to a hospital and died the same day during treatment due to a fatal head injury and multiple injuries to vital organs.
His kin had approached the tribunal for compensation of Rs. 25 lakhs. Their plea stated that Shaikh was in robust health, was employed with a private contractor as a mason and earned Rs. 550 daily. He was the sole bread earner of the family, his widow told the tribunal in her testimony.
The Tribunal stated in its judgment that the police papers and the testimony of Shaikh’s wife indicate that the driver of the truck was clearly responsible for the occurrence of the accident and the untimely death of the accused.
The insurance company had denied that Shaikh earned as a mason and had cross-examined his wife if he had received any training as mason, which his wife had answered in the negative. The tribunal said it is pertinent to note that many people learn to do certain work without obtaining official training in them from recognized institutions. It said further that still these people are well aware about the work and do it smoothly and easily. It said it had no hesitation to say that Shaikh may have engaged in mason work, while calculating the compensation to be paid to his family.
