Thane MACT awards Rs 62.19 lakh compensation to kin of man killed in tanker collision

Thane, Sep 15 (PTI) The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded Rs 62.19 lakh to the family of a 39-year-old man killed in a tanker accident in 2019.

MACT member R V Mohite directed the tanker owner and the insurer, The New India Assurance Co., to jointly and severally pay the compensation with 9 per cent interest from the date of the petition.

A copy of the order passed on September 11 was made available on Sunday.

The deceased man's family had initially sought compensation of Rs 1 crore.

The victim, Mohan Shiroshe, was driving his car when a speeding tanker transporting milk veered on the wrong side of the road and collided with his vehicle on Kalyan-Nagar Highway on September 10, 2019. The impact caused the car to spin and hit another vehicle.

The tanker driver fled the scene, while Shiroshe was rushed to a hospital, where he succumbed to his injuries.

The petitioners, represented by Advocate P.M. Tillu, argued that the accident was due to the tanker driver's negligence.

The insurer, represented by advocate K V Poojari, contested the claim, alleging that the tanker driver did not possess a valid licence and permit, and that the deceased was also negligent.

The tribunal, however, found that while the tanker was the primary cause of the collision, there was also a degree of contributory negligence on the part of the deceased.

"The negligence of the tanker driver is assessed to the extent of 80 per cent and the negligence of the deceased is assessed to the extent of 20 per cent for assessment of compensation," it held.

The tribunal also dismissed the insurance company's claim of a breach of policy conditions, noting that they failed to provide any proof that the tanker driver lacked a valid license or permit.

The compensation amount was calculated based on the deceased's annual income, with additions for future prospects, and deductions for his personal expenses. PTI COR ARU