Mumbai, April 2: The Motor Accident Claims Tribunal (MACT) in Mumbai has awarded compensation of Rs 44.86 lakh to the Kalachowki-based family of a 49-year-old man who died after being hit by a BEST bus near Sion in June 2023. The tribunal held the driver of the bus responsible for rash and negligent driving that led to the fatal accident.
The tribunal, meanwhile, deciding on the compensation part, maintained that while monetary compensation cannot replace the loss of a loved one, it is essential to address the financial hardship caused to the family due to the untimely death.
Tribunal holds driver responsible for accident
“The oral testimony of deceased’s wife is supported by police papers, which are sufficient to hold that the driver of the offending bus caused the accident due to his negligent and rash driving,” held the tribunal.
Details of the fatal accident
The deceased, Nitin Vithoba Koyande, was working as a manager at a guest house in Sion and was earning approximately Rs 28,000 per month. On June 16, 2023, at around 8:50 pm, he was returning home when a BEST bus knocked him down near the Sion junction signal. He sustained severe injuries and was declared dead before admission at Sion Hospital.
Family sought compensation under Motor Vehicles Act
His widow, two minor children, and elderly mother had approached the tribunal seeking compensation under the Motor Vehicles Act. During the proceedings, the BEST Undertaking denied liability and claimed that the deceased himself was negligent.
However, the tribunal relied on FIR records, CCTV-based investigation, and witness testimony to conclude that the bus driver was solely responsible for the accident.
Compensation calculation and award
While assessing compensation, the tribunal considered the deceased’s age, income, and dependents. It calculated his monthly income at Rs 28,000 and added 30% towards future prospects.
After deducting personal expenses and applying the relevant multiplier, the tribunal computed the loss of dependency at Rs 42.58 lakh. Additional amounts were granted under conventional heads, including loss of estate, funeral expenses, and consortium to family members.
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Interest and payment directive
The tribunal directed the BEST Undertaking to pay Rs 44,86,800 along with 7.5% annual interest from the date of filing of the claim petition until realisation. The amount is to be deposited within 30 days.
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