MACT awards Rs 82.4 lakh compensation to kin of teacher killed in road accident

Thane, Jan 6 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 82.45 lakh to the family of a 55-year-old school teacher who was crushed to death by a speeding garbage-collecting truck of the Kalyan Dombivli Municipal Corporation (KDMC) in 2019.

The tribunal, presided over by Rupali V Mohite, held the KDMC and New India Assurance Co Ltd jointly and severally liable to pay the claim in the order passed on January 3.

The deceased, Prabhakar Jivaram Thoke, was riding his motorcycle to work at around 6.40 am on December 3, 2019, when the dumper truck, driven in a rash manner, struck him near Gharda Circle. Thoke's head was crushed under its wheel and he died on the spot.

The tribunal held that the nature of the accident showed that the driver could not control the truck's speed. The victim was riding in the middle of the road.

"So I have no hesitation to hold that alleged accident took place due to negligence of the deceased as well as the driver of offending Dumper. The negligence of the deceased is assessed to the extent of 15 per cent and the negligence of the driver of offending Dumper is assessed to the extent of 85 per cent," said the court.

The KDMC argued it wasn't liable as the driver had been provided by a private contractor. But the judge noted that the truck belonged to the corporation.

After deducting 15 per cent amount for the deceased's contributory negligence, the tribunal awarded Rs 82,45,153 to the deceased's family. PTI COR KRK