Thane: The Motor Accident Claims Tribunal (MACT), Thane, has directed the Maharashtra State Road Transport Corporation (MSRTC) to pay a compensation of Rs 29,94,157 to the family of a 38-year-old Murbad resident, Anant Maruti Dalavi, who died after being hit by a state transport bus in June 2017.
Negligence Findings
The judgment maintained that, held the MSRTC bus driver is responsible for 80% negligent in causing the accident, while attributing 20% contributory negligence to the deceased motorcyclist.
Accident Details
According to the petition filed by Dalavi’s wife Madhuri, their two sons, and his parents, the incident occurred on June 13, 2017, when Dalavi was riding his Bajaj Pulsar towards Saralgaon from Murbad on the Kalyan-Nagar Highway.
Near Madkyacha Pada village, an MSRTC bus allegedly tried to overtake a tractor at high speed, lost control, and collided with Dalavi’s motorcycle. He sustained severe head injuries and succumbed to them on July 3, 2017, while under treatment at Nair Hospital, Mumbai.
Family’s Argument And Earnings
The family of the deceased argued that the deceased was self-employed, earning between Rs3 lakh and Rs 3.5 lakh annually from brick kiln and tractor rental work.
MSRTC’s Defence And Tribunal’s Findings
The MSRTC denied negligence, contending that Dalavi was solely responsible for the crash. However, after examining eyewitnesses—including a tractor driver and a passenger on the bus—the tribunal concluded that the bus driver had attempted to overtake recklessly, leaving inadequate space for the motorcyclist.
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Compensation Assessment
The tribunal assessed Dalavi’s notional income at Rs 16,000 per month and applied a multiplier of 15 based on his age (37 years), granting compensation for loss of income, future prospects, medical expenses, and non-pecuniary damages such as loss of consortium and love and affection.
Interest On Compensation
The tribunal ordered the corporation to pay interest at 9% per annum from the date of filing the petition until realization.
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