MACT awards Rs 5 lakh to parents of boy who died in accident

The parents of a 13-year-old boy from Kalwa here, who was killed in an accident last year, were awarded Rs 5 lakh as compensation by the Thane Motor Accident and Claims Tribunal (MACT).

Tribunal member and district judge K D Vadane, in a recent order, directed respondent, Thane Municipal Transport (TMT) to make the payment of the compensation of Rs 5 lakh, along with 8 per cent interest from the date of filing of the claim in January this year.

The counsel of claimants, Limbaji Rathod (36) and his wife Taribai (31), in his submission, told the tribunal that the couple's son Mangesh was a brilliant student and had bright future prospects.
 

The accident took place on October 18, 2016 when a TMT bus, being driven rashly and at a high speed, hit Mangesh who was standing on the extreme left side of a road at Kalwa market.

He sustained multiple injuries and was admitted to CSM hospital in Kalwa and was later moved to Civil Hospital in Thane. But he succumbed to injuries.

A case was lodged against the driver of the bus with Kalwa police.

The claimants filed a claim of 9.10 lakh with the tribunal.

The respondent contested the claim on various grounds, stating that the accident occurred on account of the negligence of the deceased and also challenged his age.

The tribunal observed that the conductor of the bus in the course of cross examination stated that he had not seen the boy while falling down on the road, and it was only when the passengers in the bus shouted, his attention was drawn towards the boy.

"Driver Shridhar Gaikwad, in the course of cross examination stated that he had not seen the boy, and when people shouted, he stopped his vehicle. From this admission it reveals that Gaikwad was driving the bus without noticing the boy," the judge said.

In the FIR, it is specifically stated that at the relevant time of the accident, the driver drove it at a high speed and in rash and negligent manner, and gave dash to the deceased, the tribunal said.

The MACT worked out a compensation of Rs 4,50,000 towards the future loss of income of the family and Rs 50,000 towards loss of love and affection and funeral cost.