Thane, Dec 05: The Thane Motor Accident Claims Tribunal (MACT) has directed transport service provider M/s Mahavir Fleet Operators Pvt. Ltd. (MFOPL) and New India Assurance Company Ltd. to jointly pay Rs 36 lakh as compensation to the family of a 20-year-old man who died in a road accident in December 2020.
The tribunal, presided over by Judge R. V. Mohite, observed that the deceased, Sanjay Yede, was the sole earning member of his family and that his sudden death had left them entirely dependent and financially shattered, warranting full compensation for their lifetime loss.
Compensation Evaluation Based on Sarla Verma Principles
The tribunal relied on the Supreme Court’s principles laid down in the Sarla Verma judgment, noting that compensation in fatal accident cases must be evaluated based on the age of the deceased, his income, and the number of dependents.
In this case, the court accepted that Yede, who was working with AG Enviro Infra Projects Pvt. Ltd. and earning Rs 16,472 per month, was only 20 years old and in good health at the time of the accident.
How the Accident Occurred
According to the case records, the accident occurred on December 11, 2020, around 3 p.m., when Yede was riding his motorcycle on the Mankhurd–Ghatkopar Link Road after completing official duties. As he approached Jay Ambe Nagar, near Lucky Weighing Scale in Chembur, a bulker truck allegedly came from behind at high speed and crashed into his motorcycle. The impact caused Yede to lose balance and strike the road divider. He was rushed to Rajawadi Hospital, where he succumbed to his injuries the same day.
Case Registered for Rash Driving
The Tilaknagar Police registered an FIR under Sections 279 and 304A of the Indian Penal Code, along with Section 184 of the Motor Vehicles Act, against the truck driver and later filed a chargesheet.
The tribunal held that the evidence clearly established rash and negligent driving by the truck driver. It also noted that neither the owner nor the driver produced any evidence to suggest contributory negligence on the part of the deceased.
Respondents Held Jointly Liable
Judge Mohite observed that the nature of the accident, the severity of injuries, and the immediate death of the victim reinforced the conclusion that the truck was driven negligently. With no material on record indicating any fault on Yede’s part, the tribunal declared the respondents jointly liable to compensate the grieving family.
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Award Covers Pecuniary & Non-Pecuniary Losses
The award includes compensation for both pecuniary and non-pecuniary losses suffered by the claimants, offering some financial relief to the family that lost its primary breadwinner.
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