Thane, March 13: The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs 24.33 lakh to the family of a 41-year-old man who died after being hit by a tanker in 2018. The tribunal held the tanker owner and the insurance company jointly and severally liable to pay the compensation.
Tribunal order on compensation claim
The order was passed by MACT member K. P. Shrikhande while allowing a claim petition filed by the deceased’s wife Sunita Chandrabhan Singh, their two minor children and his mother.
Details of the accident
According to the claim petition, the accident occurred on December 20, 2018, in Purba Medinipur district. Chandrabhan Danbahadur Singh was standing by the roadside when a motor tanker allegedly being driven in a rash and negligent manner struck him.
He sustained grievous injuries and was declared dead at Haldia Sub-Division Hospital the same day.
Tribunal cites negligence of tanker driver
The tribunal noted that a criminal case had been registered against the tanker driver under Sections 279 and 304A of the Indian Penal Code for rash and negligent driving causing death.
The filing of the charge sheet further supported the claim that the accident occurred due to the negligent driving of the tanker, the tribunal observed.
Insurer’s defence rejected
During the proceedings, the insurance company contended that the deceased himself was responsible for the accident and also argued that there had been a breach of the insurance policy conditions.
However, the tribunal found that the insurer had failed to produce any evidence to substantiate these claims. It also rejected the defence that the claim petition was defective for not making the driver a party.
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Compensation calculated under multiple heads
After considering future prospects, dependency and conventional heads such as loss of consortium, estate and funeral expenses, the tribunal determined the total compensation at Rs 24,33,000.
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