Holding an insurance company and a transport firm liable for a road mishap which led to the death of 35-year-old man near Nagothane in 2011, the district Motor Accident Claims Tribunal (MACT) recently directed the two agencies to collectively pay Rs 30 lakh compensation to the victim’s family.
Judge K D Vadane rejected the claims made by New India Insurance Company that the accident was caused by victim Jatashankar Yadav’s negligence.
On August 30, 2011, Yadav was driving an SUV when a speeding tanker coming from the opposite direction rammed into him on the national highway, killing him on the spot. The panchanama and witness records indicated that the tanker was trying to overtake a vehicle when he dashed into the SUV.
Judge Vadane issued summons to the driver and his firm, Ashish Transport Company, but no one turned up for the hearing. A legal team representing the insurance firm contested the compensation claim made by Yadav’s family.
The family said that Yadav was the sole breadwinner for the family, comprising his 65-year-old father, wife Hiravati and three children between 18 and 12 years of age. Yadav was employed with a private firm and his monthly salary was Rs 20,000.
After hearing both parties, the judge dismissed the insurance firm’s claim that it could not present any corroborative evidence to indicate that Yadav was at fault. The FIR copy and panchanama had clearly recorded that the tanker driver was speeding and was in the wrong lane when he rammed into the SUV.
The judge awarded a compensation of Rs 29.36 lakh for the future loss of dependency and Rs 1 lakh for the loss of love and affection and another Rs 25,000 as costs incurred for the last rites.