Tribunal awards Rs 15.6 lakh compensation to kin of photographer killed in road accident

Thane, Oct 15 (PTI) The Motor Accident Claims Tribunal (MACT) here has awarded a compensation of Rs 15.67 lakh to the family of a 22-year-old photographer killed after a dumper truck hit his motorbike in 2018.

The MACT, presided over by member R V Mohite, in the order passed on Tuesday, concluded that the accident occurred due to the negligence of both drivers. It assessed negligence of the deceased to the extent of 20 per cent and of the dumper driver at 80 per cent.

It rejected the argument of the offending dumper truck's insurer that the vehicle was not involved in the accident or that the driver lacked a valid licence.

The tribunal held the vehicle's owner, a Thane-based infrastructure company, and the insurer jointly and severally liable to pay the amount within one month.

The claimants told the MACT that on September 15, 2018, the victim, Omkar Patil, was travelling on a motorcycle on the Jogeshwari-Vikhroli Link Road in Mumbai when a dumper truck allegedly driven rashly and negligently, rammed into his vehicle.

Patil fell from the motorbike, the dumper's wheel ran over his head and he died on the spot.

The police registered a case under relevant provisions of the Indian Penal Code and the Motor Vehicles Act against the dumper driver.

Patil's parents and his sister moved the tribunal for the claim, citing loss of dependency and mental agony.

The MACT rejected the insurer's argument that the dumper truck was not involved in the accident or that the driver lacked a valid licence.

"The opponent insurer has not led any oral or documentary evidence in support of its contentions. The driver of the offending dumper and opponent have not challenged the involvement of the offending dumper in the alleged accident as well as prosecution against the driver before the higher authority," it said.

The initial burden always lies on the claimant to establish the claim by bringing oral and documentary evidence on record. However, proof beyond a reasonable doubt is not required. "Applying the principle of preponderance of probability, the claimant can discharge his burden," the MACT said.

The tribunal noted that the deceased was 22 years old and a self-employed photographer. Although income proof was unavailable, it assessed his notional monthly income at Rs 12,000.

It awarded a compensation of Rs 15,67,280 along with 9 per cent interest per annum from the date of the petition to his family. PTI COR GK