Claims tribunal asks truck owner to pay ₹65 lakh to accident victim’s kin
MACT directed a truck owner to pay ₹65 lakh to the family of a school teacher killed in an accident. The family must invest ₹60 lakh for the minor daughter's future.
MUMBAI: The Motor Accident Claims Tribunal (MACT), a quasi-judicial body that adjudicates claims related to motor vehicle accidents, directed a truck owner recently to pay ₹65 lakh to the family of a 37-year-old school teacher who was mowed down by his truck in 2015.
The tribunal further directed the family to deposit ₹60 lakh in fixed deposit for the minor daughter of the deceased till she attained the age of 21 years. It also directed that the remaining ₹5.5 lakh be spent by the grandparents on the minor’s welfare.
The accident occurred on May 11, 2015, around 2.40pm when Seeta Kanapathy, a Dharavi-based school teacher, was riding pillion with her father on a scooter. When they reached Ahilyabai Holkar Hospital in Mazgaon, a truck rammed into them at high speed.
The driver of the trailer truck allegedly drove in a rash and reckless manner and hit the scooter from behind due to which Kanapathy fell down. Kanapathy was still trying to regain consciousness but it was too late as the rear wheel of the truck mowed her. She suffered serious injuries and was rushed to Sir JJ Hospital. Later she was shifted to Lifecare Hospital in Dharavi and died during treatment on June 6, 2015.
The prosecution submitted that Kanapathy was a school teacher at Our Lady of Good Counsel High School in Sion and was earning through tuition classes as well.
However, the court noted that the father of the deceased, the one riding the scooter, died during the pendency of trial which left no witness to the accident. After hearing the case at length, the tribunal confirmed that the accident occurred due to the rash and negligent driving of the trailer driver, resulting in Kanapathy’s death.
The tribunal held that the owner of the trailer was liable to pay compensation to the family of the deceased, which included her mother, husband and minor daughter. This compensation, a total amount of ₹65,47,260, included loss of dependency, parental consortium, loss to estate, medical expenses and funeral expenses.
This amount, the tribunal said, included No Fault Liability (which holds a person or an entity responsible for damage or injuries without requiring proof of fault or negligence) with interest at the rate of 7% per annum from the date of application till realisation.