A Motor Accident Claims Tribunal (MACT) in Pune has awarded a compensation of Rs 2.38 crore to the family of a local businessman who died following a collision between the SUV he was traveling in and a truck on the Mumbai-Pune expressway in 2019. The tribunal ruled that the accident occurred due to the composite negligence of both the SUV driver and the truck driver. Holding both drivers equally responsible, the tribunal apportioned negligence at 50 percent each and directed the owners and insurers of both vehicles to jointly satisfy the award.
Case Background
MACT member D.P. Ragit passed the order on June 1 in a claim petition seeking Rs 4.25 crore, filed by the widow, two minor sons, and mother of the victim, Anil Dnyanoba Kamble. Kamble, who ran a gym and a security agency, died during treatment after sustaining injuries in the accident.
Details of the Accident
According to the tribunal's order, Kamble (33) was traveling towards Mumbai with friends in an SUV on February 25, 2019. The accident occurred near the Patalganga river bridge in Raigad district when the SUV collided with a container truck on the expressway. Kamble, seated in the front passenger seat, suffered serious head and arm injuries and later died in a hospital on March 4, 2019. The tribunal noted that the police had chargesheeted the SUV driver for offenses under the Indian Penal Code and the Motor Vehicles Act. However, after examining evidence, including testimony from an injured occupant, the SUV driver, and the investigating officer, the tribunal concluded that both drivers contributed to the accident.
Negligence Determination
The order recorded that the container truck was allegedly moving in the lane designated for heavy vehicles and suddenly shifted into the adjoining lane without giving an indicator, while the SUV was traveling at high speed. The tribunal observed that the SUV driver was unable to control the vehicle after the lane change and collided with the rear portion of the truck.
Compensation Calculation
While determining compensation, the tribunal considered Kamble's income from his security services business, Star Security & Bouncer, and his gym business. Relying on income tax records, the tribunal assessed his annual net income at Rs 27.55 lakh and added future prospects in accordance with Supreme Court guidelines. The tribunal awarded Rs 2,31,49,800 towards loss of dependency, in addition to amounts for medical expenses, consortium, loss of estate, and funeral expenses, bringing the total compensation to Rs 2,38,77,800, with interest at 7 percent per annum from August 1, 2019, until realization.
