Thane: The Thane’s Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 35.27 lakh to the children of a 58-year-old woman who died after being hit by a hydraulic crane in 2017.
The tribunal presided over by tribunal member R V Mohite held that the Oriental Insurance Company Limited liable to pay the compensation at the first instance, but later granted it the right to recover the amount from the vehicle's owner, citing a clear breach of the insurance policy terms.
As per the case details the accident occurred on the morning of November 20, 2017, when the victim, Shalan Suresh Kamble, was walking in the Wagle Estate area.
Accident Details
A speeding hydraulic crane hit her and ran over her. She was rushed to the hospital with multiple fractures and severe damage to her kidneys and succumbed to her injuries five days later.
The police registered a criminal case against the crane driver. The tribunal established that the accident was caused by the sole negligence of the crane driver.
Insurance Breach and Tribunal Findings
The insurance company held that the vehicle owner breached the policy terms because the driver did not hold a valid licence to operate a mobile hydraulic crane. The tribunal upheld this contention based on evidence from the RTO office.
"A person cannot drive a mobile hydraulic crane on the road without having an endorsement as 'crane' on their driving licence. Thus, on the date of the accident, the driver of the offending crane was not holding a valid and effective driving licence," the tribunal observed.
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Victim’s Employment and Compensation Calculation
The victim was working as a peon in the Employees Provident Fund Organisation, earning Rs 38,822 per month, hence as per the calculations, a compensation as Rs 35.27 lakh with an interest of 9 per cent per annum was carried out by the tribunal.
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