MSRTC asked to pay Rs 44.15 lakh to family of man killed in accident in 2019

Thane, Jul 21 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has ordered the Maharashtra State Road Transport Corporation (MSRTC) to pay a compensation of Rs 44.15 lakh to the family of a bus driver killed in a road accident in 2019.

MACT member RV Mohite pronounced the order on July 17, a copy of which was made available on Monday.

The deceased, Sadashiv Koraga Moolya (then aged 54), was a driver with the Thane Municipal Transport (TMT).

On October 5, 2019, he was riding his scooter when he was struck by an MSRTC bus near Khopat signal in Thane city.

The petitioners, his wife and daughter, alleged the bus driver emerged from the main gate of the Khopat ST bus stand "without caring for other users of the road, drove the vehicle on high and excessive speed and in a rash and negligent manner." The bus driver failed to control the vehicle, did not apply brakes, and dashed into the scooter's left rear side, causing Moolya to fall and sustain severe head injuries, they alleged.

He was admitted to a hospital and succumbed to his injuries on November 15, 2019, while undergoing treatment.

The Rabodi police had registered a case against the MSRTC bus driver.

Advocate P M Tillu, representing the claimants, said the deceased earned a salary of Rs 35,925 per month. The claimants were depended upon his income.

The claimants initially sought up to Rs 80 lakh but later restricted their demand to Rs 1 lakh.

The MSRTC, in its written statement, denied negligence by its driver, alleging the accident occurred due to the deceased's "rash and negligent driving".

It also pointed out a delay of 74 days in filing the FIR and claimed contributory negligence on part of the deceased.

The tribunal, after considering the evidence, found both parties partly negligent.

There is no evidence of the deceased having taking any (medical) tablets at the time of accident, it said.

It is proved from evidence on record that the accident took place between the scooter and the ST bus. While taking out the bus from the stand, it was the driver's duty to take into consideration the road traffic, the MACT said.

Similarly, it was responsibility of the deceased also to slow down his vehicle after seeing the bus coming out on the road, it observed.

"Thus, both drivers appears to be negligent to cause the accident," the tribunal said.

It assessed negligence of the bus driver to the extent of 75 per cent and of the deceased at 25 per cent.

The tribunal directed the MSRTC to deposit the amount with 9 per cent interest per annum from the date of the petition until the date of deposit, within one month of the award.

Of the total compensation, the deceased's wife will receive Rs 25,15,204, with Rs 10 lakh to be invested in a fixed deposit for 3 years. His daughter, will receive Rs 19 lakh, with Rs 7 lakh to be invested in a fixed deposit for 5 years, the tribunal ordered. PTI COR GK