Tribunal awards Rs 14.27 lakh compensation to kin of farmer killed in road accident

Thane, Jul 1 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 14.27 lakh to the family of a 37-year-old farmer who died in a tempo accident in 2018.

MACT member R V Mohite on June 26 directed the tempo's insurer to pay the compensation first and then recover it from the vehicle owner due to a breach of policy terms.

The accident took place on September 28, 2018 when farmer Mangesh Mitharam Mengal was travelling with his family in a tempo to Vasuri The tempo driver, operating the vehicle at high speed and in a rash and negligent manner, ignored speed breakers and applied brakes suddenly in Wada area of Maharashtra's Palghar district.

The sudden jerk in the vehicle resulted in some gas cylinders falling on Mengal. He suffered grievous injuries and succumbed while undergoing treatment at a hospital in Wada.

A criminal case was subsequently registered against the tempo driver at the Wada police station.

The claimants, comprising Mengal's wife, three children and parents, initially sought Rs 25 lakh but limited their claim to Rs 1 lakh due to financial constraints.

The tempo owner denied negligence, claiming the cylinders fell naturally due to potholes and speed breakers and that the police registered the crime without a proper inquiry.

The vehicle's insurer contested the claim, arguing the deceased was a gratuitous passenger as the tempo was a goods carriage and therefore, the insurer was not liable.

It also contended the tempo owner breached the policy terms and the driver might not have held a valid license.

The tribunal concluded that Mengal died due to the rash and negligent driving of the tempo.

It noted the offending vehicle was a goods carriage, and the owner was not permitted to carry passengers.

As the deceased was a gratuitous passenger (neither an employee nor an authorised representative), and no premium was paid for the benefit of gratuitous passengers, the owner committed a clear breach of the insurance policy terms, the tribunal observed.

Despite the policy breach, the tribunal, referring to some court judgements, directed the insurance company to satisfy the award first and then recover the amount from the vehicle owner.

The tribunal determined the deceased's notional income as Rs 10,000 per month. After deducting 1/4th for personal expenses, the annual contribution to the family was calculated at Rs 90,000. Applying a multiplier of 15 (for the 36-40 age group), the loss of future earning was Rs 13.50 lakh.

Additionally, the claimants were awarded Rs 44,000 for the loss of consortium, and Rs 16,500 each for the loss of estate and funeral expenses.

The tribunal directed both opponents (the insurance company and the vehicle owner) to jointly and severally pay the compensation with an interest rate of nine per cent per annum from the date of the petition.

The insurance company is mandated to pay the compensation first and then recover the amount from the vehicle owner through execution proceedings, it said.

The tribunal directed that Rs 8.57 lakh be given to the farmer's wife, Rs 1.4 lakh each to his three children and Rs 75,000 each to the his parents. PTI COR GK