Thane MACT awards Rs 1.2 crore compensation to kin of businessman killed in expressway accident

Thane, Oct 11 (PTI) The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation of Rs 1.2 crore to the family of a 40-year-old businessman killed in an SUV accident on the Mumbai-Pune Expressway in 2020.

Tribunal member R V Mohite on Thursday directed the owner of the tempo involved in the accident and the insurer, ICICI Lombard General Insurance Co. Ltd, to jointly and severally pay the compensation with 9 per cent interest per annum from the date of the petition till realisation.

The victim, Sachin Kanifnath Changulpai, a businessman, was driving his SUV on the expressway on the afternoon of August 5, 2020, when a tempo, allegedly driven rashly and negligently, suddenly changed lanes and collided with his vehicle. The impact caused the SUV to crash into the divider, resulting in the victim's death on the spot.

The petition sought Rs 5 crore in compensation but was restricted to Rs 1 lakh under section 166 of the Motor Vehicles Act. However, the tribunal ultimately awarded over Rs 1.2 crore based on evidence and legal precedent.

The judge noted that the accident occurred due to rash and sole negligent driving of the offending tempo.

"There is nothing on record to show any contributory negligence on the part of the deceased. Further, neither the opponent owner nor the tempo driver entered into the witness box to prove contributory negligence of the deceased in the alleged accident," he said.

The tempo driver held a valid and effective driving licence, and there was no breach of the terms and conditions of the insurance policy, the tribunal stated.

"The petition is partly allowed with proportionate costs. The opponents do pay jointly and severally an amount of Rs 1,20,25,733 to the claimants with interest at 9 per cent p.a. from the date of petition till the date of depositing said amount," it said. PTI COR ARU