Thane: The Motor Accident Claims Tribunal (MACT), Thane, has directed the owner of a trailer and its insurer, Royal Sundaram General Insurance Company to jointly and severally pay Rs 35,39,127 as compensation to the family of a man who died in a road accident in January 2022.
Family of Deceased Files Compensation Claim
The petition was filed by Makhdoom Mohamed Taki Mukadam (76) and Firdaus Liyakat Surti (50), mother and sister of the deceased Samir Mohd. Taki Mukadam, who succumbed to injuries after being run over by a motor trailer on Panvel–Mumbra road on January 11, 2022.
Accident Details and Police Case
According to the petition, Samir was riding his scooter at a moderate speed when a trailer coming from behind at high speed hit his vehicle. The impact caused him to fall on the road, and the trailer’s tyre ran over him, killing him on the spot. Shil-Dayghar Police registered an FIR under Sections 279 and 304(A) of the IPC and relevant provisions of the Motor Vehicles Act.
Tribunal Considers Victim’s Employment and Earnings
The deceased, aged 49, worked as a forklift operator in Dubai and earned approximately 1,808 AED (Rs 35,509) per month before returning to India during the Covid-19 pandemic. The tribunal calculated the compensation based on his income, future prospects, and dependency, applying a multiplier of 13 as per Supreme Court guidelines.
Insurance Company’s Defence Rejected
Rejecting the insurer’s claim that the deceased was negligent or that the trailer lacked valid documents, the tribunal held the accident occurred solely due to the trailer driver’s rash and negligent driving. It awarded Rs 35.39 lakh along with 9% annual interest from the date of filing the petition.
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Distribution of Compensation
Of the total compensation, the tribunal directed that Rs 20,39,127 will go to the mother, and Rs 15 lakh to the sister, with Rs 4 lakh from the latter’s share to be kept in a fixed deposit for three years.
