Thane: The Thane Motor Accident Claims Tribunal (MACT) has directed Jupiter Lifeline Hospital Ltd. and Cholamandalam MS General Insurance Co. Ltd. to pay a compensation of Rs 13.85 lakh to the family of a 50-year-old security guard, Kamlesh Rammurat Singh, who was killed in a tragic accident outside a company compound in May 2022.
The order, passed by Tribunal Member R.V. Mohite, held both the hospital and the insurer jointly and severally liable, with the insurance company directed to pay the compensation at the first instance and recover it from the hospital, the vehicle’s owner, later. The Tribunal also awarded 9% annual interest from the date of the petition until the amount is deposited.
Accident Details
The case dates back to May 14, 2022, when Singh, who worked as a security guard at Intency Chocolatier Company in Wagle Estate, Thane, was crushed between a compound wall and a Maruti Eeco van after a rashly driven Tata Pick-up truck collided with the van. Singh died on the spot due to severe head injuries.
“Driver of offending Tata Pick-up vehicle for causing accidental death of the deceased by rash and negligent driving. But neither the driver of offending Tata Pick-up vehicle nor the hospital challenged the fact of prosecution before Higher Authority,”reads the order copy.
Following the accident, the Wagle Estate police registered an FIR under Sections 279 and 304(A) of the IPC and Section 184 of the Motor Vehicles Act against the truck driver.
Tribunal Assesses Compensation Based On Evidence
The claimants — Singh’s wife Poonam Singh (46) and their two sons Akash (21) and Raj (19) — had sought Rs 1 lakh compensation under Section 166 of the Motor Vehicles Act. However, after examining the evidence, including CCTV footage that established negligent driving by the Tata Pick-up driver, the tribunal assessed the family’s total entitlement at Rs 13,85,400, considering loss of income, consortium, and other non-pecuniary damages.
The tribunal found that while the driver of the offending vehicle did not possess a valid driving licence, the insurer must still satisfy the award initially and then recover the amount from the vehicle owner. The decision cited Supreme Court precedents requiring insurers to protect third-party victims before seeking reimbursement from the insured.
CCTV Evidence Confirms Rash Driving
“I.O. seized CCTV footage under seizure panchanama dated 17/05/2022. In CCTV footage, it is clearly seen that the driver of offending Tata Pick-up rashly and negligently and in high speed drove it and gave dash to the Maruti Suzuki Ecco vehicle. The deceased was behind Maruti Ecco vehicle. After dash, by offending Tata Pick-up to Maruti Suzuki Ecco vehicle, Ecco vehicle went on person of the deceased. Ecco vehicle dashed against compound wall of Intency Chocolatier Company. Due to which, the deceased pressed between Maruti Suzuki Ecco vehicle and the compound wall of Intency Chocolatier Company. The deceased sustained head injury. He died due to accidental injuries. This shows rash and negligence of driver of offending Tata Pick-up vehicle,” reads the order.
Compensation Distribution
As per the tribunal’s order, Rs 6.85 lakh will go to Poonam Singh, while Rs 3.5 lakh each will be paid to Akash and Raj. A portion of the compensation for each will be invested in fixed deposits for two years in nationalized banks.
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The tribunal emphasized that the accident occurred solely due to the rash and negligent driving of the Tata Pick-up driver, with no contributory fault attributed to the deceased.
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