Tribunal awards Rs 32.59 lakh compensation to kin of bus driver killed in accident 11 yrs ago

Thane, Jul 9 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 32.59 lakh to the family of a 57-year-old driver of an MSRTC bus killed in a road accident in 2014.

MACT presiding officer R V Mohite, in the order passed on July 5, held the offending truck driver's negligence at 75 per cent, while attributing 25 per cent contributory negligence to the deceased bus driver.

The MACT awarded a compensation of Rs 4 lakh to the Maharashtra State Road Transport Corporation (MSRTC) for damages to the bus.

A copy of the order was made available on Tuesday.

Mohite observed the accident was avoidable and occurred due to the truck driver's rash and negligent driving, noting the vehicle veered onto the middle of the road despite ample space on its own side.

According to the claimants, Kisan Chaudhari was driving the bus, belonging to the MSRTC, towards Alephata in Pune on January 2, 2014, when a speeding truck collided with it near Thidbi village at Murbad in Thane district.

The bus to plunge into a valley and Chaudhari died on the spot.

While the police filed a chargesheet against the offending truck's driver, the tribunal held that both the drivers shared the fault, but predominantly the truck driver, based on the spot panchnama (inspection) and positioning of the vehicles.

"The truck had ample space on its left but was driven in the middle of the road. The bus was not overtaking any vehicle and had sufficient space on its side as well. The collision could have been avoided if either driver had taken precaution," the MACT said.

It further said, "The deceased was the sole breadwinner, and his permanent employment in MSRTC justified the loss of dependency. The claimants are entitled to fair and lawful compensation under settled legal principles." The tribunal rejected the claim of agricultural income loss by the deceased's family.

"The deceased's agricultural lands are still in the claimants' possession, and there is no proof of consistent high-income crop cultivation before 2013. One exceptional sale of onions does not establish sustained agricultural loss," it said.

The tribunal ordered the owner of the truck and its insurer to jointly and severally pay the compensation within one month, along with 9 per cent interest from the date of filing of the petition.

Out of the total compensation, the deceased's wife should be given Rs 16.59 lakh, son Rs 10 lakh and his three daughters should be given Rs 2 lakh each, it said.

In another claim arising out of the same accident, the MACT awarded a compensation of Rs 4 lakh to the MSRTC for damages to the bus.

The corporation had lodged a claim of Rs 10 lakh.

The tribunal, however said, "Taking into consideration the evidence of witnesses and documents on record, it reveals that the claim of the corporation is excess." "The compensation will be paid along with 7.50 per cent interest from the date of filing of the claim," it added. PTI COR GK