Mumbai, July 6: The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs 76.43 lakh to the mother of a 27-year-old software engineer who lost his life in a road accident on the Mumbai-Pune Expressway in December 2018.
The tribunal held that while the container driver was largely responsible for the collision, the deceased also contributed to the accident by failing to maintain a safe distance from the vehicle ahead.
Tribunal Awards Compensation
MACT Member R.V. Mohite directed The New India Assurance Company Ltd. to deposit the compensation along with 9% annual interest from the date the claim petition was filed.
The insurer has been granted the liberty to recover the amount from the owner of the offending container, as the vehicle was found to be operating in violation of the insurance policy conditions.
The deceased, Challapalli Lekhi Chaitanya, was driving on the Mumbai-Pune Expressway near Tembari village in Raigad district on December 24, 2018, when a container travelling ahead allegedly came to an abrupt halt after applying sudden brakes. Chaitanya's car crashed into the rear of the container, resulting in the deaths of both him and his co-passenger at the scene.
Contributory Negligence
The tribunal observed that the police investigation and chargesheet established negligence on the part of the container driver for braking suddenly without warning.
However, it also noted that motorists are required to maintain a sufficient gap from vehicles ahead to avoid such collisions. Since the deceased failed to do so, the tribunal attributed 15% contributory negligence to him while fixing 85% liability on the container driver.
During the proceedings, evidence showed that Chaitanya was employed with Hexaware Technologies Ltd. in Navi Mumbai and earned a monthly salary of approximately Rs 71,179.
After assessing his income, future earning prospects, and compensation under various conventional heads, the tribunal calculated the total compensation at Rs 89.91 lakh. This amount was reduced to Rs 76.43 lakh after accounting for his contributory negligence.
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Insurance Company To Pay First
The tribunal further found that the container did not possess a valid permit and fitness certificate on the date of the accident, amounting to a breach of the insurance policy.
Nevertheless, following settled legal principles governing third-party claims, it directed the insurance company to first satisfy the award and thereafter recover the amount from the vehicle owner through appropriate legal proceedings.
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