Tribunal rejects claim seeking payout for man's death in road accident in 2004; terms plea 'stale'

Thane, Dec 24 (PTI) The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane has dismissed a compensation plea filed by the parents of a 24-year-old man, who died in a road accident in 2004, stating that the petition was "stale" as it was submitted several years after the death.

In its order issued on December 11, the tribunal also said the petitioners failed to produce a post-mortem report or could not prove that the death was caused by the accident or that the offending vehicle was driven negligently.

The petition was filed by Dashrath Shelar and his wife following the death of their son Ravindra on December 10, 2004. Ravindra was a pillion rider on a motorcycle that collided with a car on the Kalyan Phata-Khidkali Road.

Ravindra died seven days later at the Thane Civil Hospital during treatment. In the petition, the parents sought Rs 25 lakh in compensation, alleging rash driving by the car driver.

MACT presiding officer K P Shrikhande highlighted critical gaps in medical evidence and the contradictory nature of the police reports.

"Merely because of death of the injured person while taking the treatment, it cannot be inferred that the said person died due to the injuries sustained in the accident...Without any documentary evidence to that effect, it cannot be casually inferred that the death was due to the injuries sustained in the accident," the tribunal said.

The petitioners failed to produce a post-mortem report or cause of death certificate.

"Therefore, adverse inference needs to be drawn that no such document was ever in existence and no fatal injury in the accident was received, and injury sustained in the accident has not caused the death of deceased Ravindra," it said.

On the issue of negligence, the court found that the police had originally registered the crime against the motorcycle rider, not the car driver.

"It was the duty of the motorcycle rider to keep a safe distance between his motorcycle and the front vehicle so that in any contingency, he could have controlled his motorcycle... blame cannot be given to the rider of the offending vehicle," it said.

The petition was filed in 2016, twelve years after the incident.

"A claim filed after 12 years...cannot be said to have been filed within reasonable period, and that is why it can be considered as a stale claim. Aspect of not filing the claim petition within reasonable period suggests that the petitioners were initially of the opinion that the said accident took place because of the negligence and fault on the part of the motorcycle rider," it said.

The tribunal then dismissed the petition against all the respondents, including the insurance companies, without any order as to costs. PTI COR NP