MACT awards over ₹1.66 crore in two fatal road accident cases, holds dumper owner and BEST liable

MACT orders dumper truck owner and Reliance Insurance to pay ₹35.12 lakh to the family of Chintan Parab, killed in a 2016 accident.

MUMBAI: The Motor Accident Claims Tribunal (MACT) has directed the owner of a dumper truck and its insurer, Reliance General Insurance Company, to pay ₹35.12 lakh to the family of 28-year-old engineer Chintan Parab, who died in 2016 after his car was crushed between two heavy vehicles near Aarey.

MACT awards over ₹1.66 crore in two fatal road accident cases, holds dumper owner and BEST liable

MACT is a specialised judicial body in India, established under the Motor Vehicles Act, 1988, to quickly resolve compensation claims for victims of motor vehicle accidents, covering death and injury.

Parab, a Parel resident, was driving on the south-bound carriageway of the Western Express Highway on April 30, 2016, when the dumper ahead of him braked suddenly near the Aarey bridge. His car collided with the truck, and a BMC clean-up vehicle travelling behind him at high speed rammed his vehicle from the rear. The impact crushed Parab’s car between the two vehicles. He was declared dead on arrival at Jogeshwari municipal hospital. His parents and wife had sought ₹2 crore in compensation from the owners and insurers of both vehicles. During the hearing, Reliance argued that the accident occurred due to Parab’s own negligence for not maintaining a safe distance.

The tribunal rejected this argument, noting that the insurer had failed to prove contributory negligence. The tribunal also recorded that in 2018, ICICI Lombard, insurer of the BMC clean-up truck, had already made a ₹1 crore part settlement with Parab’s family.

After assessing Parab’s age, monthly income, and dependants, the tribunal held that the family was entitled to ₹1.35 crore in total. Since the BMC vehicle’s insurer had already paid ₹1 crore, the remaining ₹35.12 lakh must now be paid by the dumper’s owner and Reliance General Insurance.

BEST held negligent, told to pay ₹31 lakh for Kurla scooterist’s death

The MACT has directed BEST and the insurer of one of its buses to pay ₹31.11 lakh to the family of 36-year-old grocery salesman Sandip Tiwari, who died in January 2022 after his scooter was hit by a BEST bus in Kurla.

Tiwari was riding his scooter around 10.33 pm on January 22, 2022, when the bus, allegedly driven rashly, hit him. The impact threw off his helmet and caused a fatal head injury. His parents, wife, and two minor children sought compensation before the tribunal.

The bus driver, Vasant Tidke, claimed that Tiwari’s purported mistake led to the accident. The tribunal, however, noted that neither he nor BEST had taken any steps to quash or challenge the criminal case registered against him. The spot panchnama confirmed that Tiwari had been wearing a helmet at the time.

The tribunal held that the evidence established rash and negligent driving by the bus driver. “All this proves on the preponderance of probability that the offending BEST bus was being driven in a rash, negligent and uncontrolled manner,” the MACT observed.