MACT grants ₹97 lakh to 43-year-old accident victim’s family

MACT directs van owner to pay ₹97 lakh with interest to family of Thane resident who died in accident. Tribunal finds van driver majorly responsible.

MUMBAI: The Motor Accident Claims Tribunal (MACT) recently directed the owner of a delivery van to pay ₹97lakh with 7% per annum interest to the family of a 43-year-old Thane resident who died when the van hit his motorcycle in Powai in 2018.

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On September 14, 2018, around 7pm, Sanjay Mayekar was driving his motorcycle on the Jogeshwari Vikroli Link Road on the North flank. When he reached near the main gate of IIT-B, a speeding delivery van hit him. Having encountered a sudden jerk, Mayekar was still trying to get up when the van ran over him. The 43-year-old was rushed to Rajawadi Hospital, but he was declared dead before admission.

Mayekar’s family approached the Tribunal, contending that he was serving as Sales Manager. He had robust and sound physical health and was not suffering from any illness.

An advocate representing the insurance company denied the involvement of the van’s driver in the alleged accident and further submitted that the aspect of contributory negligence on the part of the deceased must be considered.

He also prayed for the exoneration of the insurance company from liability as it was found in the company’s investigation that the owner of the van committed a breach of terms and conditions of the policy as the owner handed over the van to a driver who did not hold a valid and an effective license.

After hearing these submissions, the Tribunal observed that despite the deceased’s contributory negligence, the larger responsibility was on the driver of the van as it is a heavy vehicle, apportioning the contribution to 75% and 25% towards the driver and the deceased respectively.

“It is for him (driver) to look out on all four corners while taking his vehicle on a busy road. Therefore, from the material available on record, it can be safely inferred that the driver of the offending vehicle majorly contributed to the occurrence of said accident,” the tribunal said, adding that it cannot be ignored that the motorcycle rider (deceased) had also not maintained a safe distance from the van.

Mayekar is survived by his parents, 43-year-old wife and a 7-year-old daughter. The tribunal held that the owner and the insurer both were jointly and severally liable to pay compensation to the family of the deceased, which was entitled to get a total amount of ₹96,83,109 as compensation. This amount included loss of dependency, consortium, loss of estate 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 the realisation of the entire amount.