Tribunal orders Rs 1.15 crore payout to kin of couple killed in road accident

Thane, Oct 30 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has ordered a collective compensation of Rs 1.15 crore to the family of a couple killed in a road accident in 2019.

It directed that Rs 75.29 lakh be given to the couple's 16-year-old daughter and Rs 20 lakh each to the deceased man's father and mother.

The accident occurred due to the sole negligent driving of the offending truck, MACT member R V Mohite noted in the order passed on Tuesday.

The claimants' counsel, S J Tiwari, told the tribunal that the accident occurred on February 2, 2019, near Phiroz Shah Mehta Bridge on the Eastern Express Highway in Mumbai's Vikhroli area.

Akshay Pramod Gupta (34), an engineer who worked with a company, his wife Aarti Akshay Gupta (32) and daughter, residents of Maharashtra's Thane city, were going on a scooter at a slow and moderate speed.

A truck coming from behind in a "rash and negligent manner at high, excessive and uncontrollable speed" dashed into the scooter, the counsel said.

Due to the impact, the man and his wife fell, and the wheel of the truck ran over them. The couple died on the spot. The man was earning Rs 65,000 per month, the claimants told the MACT.

The truck driver fled the scene without providing any medical assistance. The Vikhroli police in Mumbai subsequently registered a case against him and filed a chargesheet.

The opponent truck owner did not appear before the tribunal, and the matter was decided ex parte against him. The truck's insurer, however, contested the claim on various grounds.

The tribunal relied on the police documents, the investigation officer's report, which included CCTV footage and eye-witness statements, to establish the negligence of the truck driver.

The truck driver could not control the speed. He was the "person having the last opportunity to avoid the accident," it observed.

Neither the truck owner nor the insurer brought evidence to prove contributory negligence of the deceased, the tribunal added.

"The case laws cited by the opponent insurer are not applicable here as the offending truck gave a dash to the motor scooter of the deceased from the backside and no question arises to keep a safe distance by the deceased from the vehicle proceeding ahead of him," it said.

The tribunal also rejected the truck insurer's defence of a breach of policy conditions regarding an invalid driving license.

"So mere plea about not holding a driving licence by the driver of the offending truck is not sufficient to hold that there is any breach of the terms and conditions of policy by the opponent owner of the truck," it said.

The tribunal awarded a compensation of Rs 1,15,29,584 on two separate claims -- Rs 92,34,484 and Rs 22,95,100 for the death of Akshay and his wife, respectively.

It ordered that Rs 75,29,484 be given to the couple's minor daughter and Rs 20 lakh each to the deceased man's father and mother.

The MACT directed that the amount be paid jointly and severally by the truck owner and insurer, along with interest at 9 per cent per annum from the date of filing of the petition till its realisation. PTI COR GK