A Motor Accident Claims Tribunal (MACT) has ordered Rs. 13 lakhs in compensation to the widow and daughter of a retired Navy employee who died in 2012 when a private bus hit him under Dadar’s Hindmata Bridge.
The deceased Samson Mendrekar had retired four months before the accident that took place on Sep 28, 2012. He had served as a senior accounts officer in the Navy’s Cooperage office and was a pedestrian at the time of the fateful mishap.
As per the petition filed by the mother and daughter, around 7 pm on that day, Mendrekar was going for some work and the bus that was being driven rashly had hit him. He was taken to KEM hospital, where he died during treatment.
The tribunal said in its order referring to a police document that the accident occurred under the Hindmata Bridge on the northern flank which goes towards Dadar and that the deceased came under the front driver side portion of the offending bus.
“The driver of the bus was thus very well in a position to see the movements of the vehicles as well as the pedestrians in front of the bus,” it stated.
The order further said that since the bus was taking a right turn, it was expected that its speed had to be minimum. Had the speed of the bus been minimum at the time of the accident, the driver of the bus could have easily avoided the dash to the deceased who was proceeding as a pedestrian, it added.
The tribunal gathered that the accident occurred due to rash and negligent driving.
The Pune-based travel firm M/s. Sai Tours and Travels that owned the bus did not appear before the tribunal despite notice and the tribunal proceeded ex-parte against it. The firm that had insured the bus 'United India Insurance Co. Ltd.' had opposed the claim and contended that the bus driver did not hold a valid licence at the time of the accident.
The tribunal did not accept this contention as they did not prove it with evidence.
