Thane MACT awards Rs 35.27 lakh compensation to kin of pedestrian killed in crane accident

Thane, Oct 21 (PTI) The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane has awarded a compensation of Rs 35.27 lakh to the children of a 58-year-old woman who died after being hit by a hydraulic crane in 2017.

Tribunal member R V Mohite held the Oriental Insurance Company Limited liable to pay the compensation at the first instance, but granted it the right to recover the amount from the vehicle's owner, citing a clear breach of the insurance policy terms.

A copy of the order dated October 15 was made available on Monday.

The accident occurred on the morning of November 20, 2017, when the victim, Shalan Suresh Kamble, was walking in the Wagle Estate area.

A speeding hydraulic crane hit her and ran over her. She was rushed to the hospital with multiple fractures and severe damage to her kidneys and succumbed to her injuries five days later.

The police registered a criminal case against the crane driver.

The tribunal established that the accident was caused by the sole negligence of the crane driver.

It noted that there is nothing on record to show any contributory act on the part of the deceased.

The insurance company contended that the vehicle owner breached the policy terms because the driver did not hold a valid licence to operate a mobile hydraulic crane. The tribunal upheld this contention based on evidence from the RTO office.

"A person cannot drive a mobile hydraulic crane on the road without having an endorsement as 'crane' on their driving licence. Thus, on the date of the accident, the driver of the offending crane was not holding a valid and effective driving licence," it observed.

The victim was working as a peon in the Employees Provident Fund Organisation, earning Rs 38,822 per month.

The tribunal calculated the compensation as Rs 35.27 lakh with an interest of 9 per cent per annum from the date of the petition. The insurance company must pay the full amount first and then recover it from the crane owner. PTI COR ARU