The family of a man hailing from Karnataka has been awarded Rs 11.21 lakh compensation by Thane Motor accident Claims Tribunal for his death in a freak accident here in 2014.
MACT member and District Judge K D Vadane held that the two opponents - truck owner Ashok Marekar and The New India Assurance Company Ltd - were jointly and severally liable to pay the compensation.
The claimants in the case were - widow Champavati Tulsiram Bukkekar (then 30 years old), her two children Rani Tulsiram Bukkekar (6), Sarvesh Tulsiram Bukkekar (7) and mother-in-law Sundramma Maruti Bukkekar (58).
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They stated that Tulsiram Maruti Bukkekar (34), hailing from Bidar district in Karnataka, worked as a cleaner with Rohit Transport Services, and earned Rs 8,000 per month, besides a daily allowance Rs 100.
On February 2, 2014, he was sleeping in the parking compound at Anjurphata Jakat Naka in Bhiwandi. At that time, the driver of a truck, from the same company, drove the vehicle in a rash and negligent manner, as a result of which the front wheel ran over the head of the victim, who sustained injuries and died.
The claimants alleged that the accident occurred due to sole negligence on part of the truck driver.
Considering the future prospective income of the deceased, they sought a compensation of Rs 20,16,000.
The truck owner did not appear before the tribunal, and hence the case was decided ex-parte against him.
However, the insurance company said the deceased was under the influence of liquor, and he was negligently and carelessly sleeping near the left tyre of the truck, and that too at a place (parking compound) not meant for sleeping.
Thus, the accident occurred due to his own negligence, the insurance firm said and requested for claim dismissal.
The judge noted that in the FIR it was specifically alleged that the deceased was sleeping near the truck. At that time the truck driver, without taking care and caution, started the vehicle, as a result of which the wheel passed over the head of the deceased. This act on the part of driver of the truck amounts negligence.
Therefore, the judge concluded that the accident took place due to rash and negligent driving by the truck driver.
He said the Rs 11.21 lakh compensation will include Rs 8.96 lakh for future loss of dependency, Rs 1 lakh each for loss of estate and love & affection and Rs 25,000 cost incurred on the funeral and last rites of the deceased.
Once the claim amount is received, Rs 3 lakh each is to be kept in FDs in the name of the two children separately for five years, and Rs 2.50 lakh to be paid to the deceased's mother, the judge ordered recently.
After hearing both the sides, the judge observed that the
spot panchnama shows the accident had occurred at a square (junction point), therefore it was expected from the rider of the motorcycle and the truck driver to take utmost care while proceeding from there.
Thus, it appears that deceased had also not taken care and caution while crossing the square, the judge noted.
Moreover, from the FIR, spot panchnama and postmortem report it is shown that the wheel of the truck ran over the deceased. This implicitly shows that at the time of the accident, the truck was in high speed and its driver could not control it, he further observed.
Therefore, taking into consideration all the above facts and circumstances, the accident occurred due to contributory negligence to the extent of 75 per cent on the part of truck driver and 25 per cent on the part of deceased, the judge noted in his recent order.
Subsequently, the judge arrived at a total eligible compensation of Rs 48,21,384, which included future loss of dependency, loss of estate, loss of love and affection and the expenses on the last rites of the deceased.
"While deciding, I have already come to the conclusion that the impugned accident occurred due to contributory negligence to the extent of 75 per cent on the part of driver of the container and 25 per cent contributory negligence on the part of deceased," the judge observed.
Therefore, both the opponents are jointly and severally responsible to pay 75 per cent compensation out of total amount, which comes to Rs 36,16,038, with interest at 8 per cent per annum, the judge said.
