Pune Tribunal Awards Rs 30.4 Lakh Compensation in 2017 Fatal Accident Case
A motor accident claims tribunal (MACT) in Pune has delivered a significant ruling, directing the driver, owner, and insurer of a tempo to jointly and severally pay Rs 30.4 lakh as compensation to the family of a man who died in a tragic road accident on May 9, 2017. The tribunal's decision comes with a strong rebuke of what it termed the police's "insensitive approach" towards the incident and the substantial delay in registering the First Information Report (FIR).
Details of the Fatal Accident and Police Response
The case involves the death of Rajesh Jadhav, who was riding a motorcycle when a tempo lost control on a descending road and collided with his two-wheeler near Sanaswadi. Jadhav was rushed to a hospital but was declared dead upon arrival. Shockingly, the FIR for this fatal incident was registered only 19 days later, on May 28, 2017.
MACT member Mahendra K Mahajan expressed grave concern over the police handling of the case. "It is unfortunate that one person died and one was injured in the accident, but the spot panchanama was not prepared till May 18, 2017, and the FIR was not registered till May 28, 2017. It shows how the police are insensitive about accidents on public roads," the tribunal ruled.
Investigation Gaps and Family's Struggle for Justice
The tribunal highlighted multiple lapses in the investigation process. Initially, the report was registered at Haveli police station, but authorities failed to visit the accident spot or record statements promptly. The Shikrapur police later took over the matter, but significant gaps remained.
- The victim's family approached police on the night of the accident, but their complaint was not registered.
- The tempo involved was removed from the spot by the next day without proper investigation.
- The investigating officer did not probe how the vehicle was removed or take action against the driver regarding this removal.
- The FIR initially described the vehicle as "unknown" despite photographs from the scene clearly showing the tempo.
The family members of Rajesh Jadhav had to approach senior authorities, including the Chief Minister and the State Human Rights Commission, to address the delays and seek justice. Their persistence led to the filing of a claim petition that ultimately resulted in this compensation award.
Legal Proceedings and Tribunal Findings
During the legal proceedings, the tribunal noted that neither the driver nor the owner of the tempo stepped into the witness box to present their defense. Additionally, the insurer failed to substantiate its claim that the vehicle had been falsely implicated in the accident.
The compensation amount of Rs 30.4 lakh will be calculated with 7.5% annual interest from the date of the claim petition's filing, ensuring that the family receives appropriate financial restitution for their loss.
This ruling serves as a stark reminder of the importance of prompt and thorough police investigation in accident cases and the legal system's role in providing justice when administrative processes fail victims and their families.
