The Motor Accidents Claims Tribunal (MACT) in Thane has delivered a significant verdict, awarding a compensation of Rs 40 lakh to the grieving family of a 38-year-old plumber who lost his life in a tragic road accident on the Mumbai-Nashik Highway back in 2018.
Details of the Tragic Accident
The unfortunate incident occurred on November 17, 2018. The victim was standing on the service road close to the Kinhauli flyover when a speeding Toyota Innova, allegedly being driven in a rash and negligent manner at high speed, rammed into him. The impact was so severe that the plumber died on the spot. Following the accident, the Shahapur police registered a First Information Report (FIR) under sections pertaining to rash and negligent driving.
MACT's Assessment and Calculation
Presiding over the case, MACT member K P Shrikhande meticulously examined the evidence to determine fair compensation. The tribunal noted that the deceased earned his livelihood primarily as a plumber on a monthly contract, drawing a salary of Rs 10,000. He further supplemented this income through a small pandal-installation business, which brought in an additional estimated Rs 10,000 per month.
After verifying income certificates, payment vouchers, and testimony from his employer, the tribunal assessed his total monthly income at Rs 20,000 for the purpose of calculating the financial loss to his dependents.
Insurance Company's Defence Rejected
The insurance company contested the claim, putting forward two main arguments. They claimed that the driver of the car did not possess a valid licence at the time of the accident and also alleged that the victim himself was negligent. However, the tribunal thoroughly examined the driver's licence, police documents, and witness testimonies.
Finding the insurer's arguments lacking merit, the MACT rejected them. The tribunal held both the vehicle owner and the insurance company jointly and severally liable to pay the compensation to the victim's family.
The final compensation amount of Rs 40 lakh was computed by considering several factors:
- Loss of dependency and future prospects of the deceased.
- Loss of estate and funeral expenses.
- Compensation for loss of consortium to the family members.
The tribunal also ordered that the compensation amount will attract an interest rate of 9% per annum from the date the claim was filed in January 2019 until it is fully realised.
Deposit Instructions for the Compensation
In its order, the MACT has directed the insurance company to deposit the entire awarded amount within one month. To ensure financial security for the dependents, the tribunal mandated that half of the compensation must be placed in fixed deposits for a period of three years. This measure aims to provide long-term stability for the family that lost its primary breadwinner in the devastating road accident.
