Nearly seven years on, MACT grants ₹11.80L to a 21-year-old accident victim’s family

Gaurav’s father worked as a cleaner at the railway station, however, left the job after his son’s sudden demise. “I still remember that day; Gaurav was so happy that morning. He reassured me in the morning that once he started earning, we would soon buy our own house and he would get me new sarees

MUMBAI: A family’s nearly seven-year pursuit of justice for their 21-year-old son, who was run over by a truck in Navi Mumbai, was finally ended as the Motor Accident Claims Tribunal (MACT) recently directed the truck owner to pay ₹11.80 lakh with 7% interest per annum to the family.

Nearly seven years on, MACT grants ₹11.80L to a 21-year-old accident victim’s family

On February 2, 2017, around 8.45pm, Gaurav Suresh Gurav, a resident of NM Joshi Marg, was riding his motorcycle on the Panvel-Mumbai road with his friend as a pillion. Gaurav lost control of the bike due to an uneven patch on the road. Subsequently, the motorcycle skidded, and both the friends were thrown off the moving vehicle.

While Gaurav’s friend fell to the side of the road, Gaurav fell in the way of the traffic. Having encountered a sudden jerk, he was still trying to get up when a truck approached him at high speed and ran him over. Due to the rash and negligent driving of the truck driver, Gaurav did not get the opportunity to escape in time. The 21-year-old was rushed to a nearby government hospital but was declared dead upon arrival.

Gaurav’s father worked as a cleaner at the railway station, however, left the job after his son’s sudden demise. “I still remember that day; Gaurav was so happy that morning. He reassured me in the morning that once he started earning, we would soon buy our own house and he would get me new sarees. He then left to attend a function at DY Patil College with his friend, but never returned home,” said the deceased’s mother Supriya Gurav while talking to HT. “Gaurav was a second-year student of BCom at Hinduja College. He told his father just four days before the accident to save around ₹5 lakh because he wanted to be a Chartered Accountant.”

Observing that the deceased had worn a helmet, and had a valid driving licence, permit and fitness, the tribunal held, “This is a fit case where the rule of Res Ipsa Loquitur is applicable. So, this incident speaks for itself that there was negligence on the part of the driver.”

The tribunal held that the parents of the deceased were entitled to get a total amount of ₹11,79,400 as compensation, which included funeral expenses, loss of dependency, loss to estate, parental and filial consortium and medical bills.

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 institution of petition till its realisation.

Gaurav is survived by his parents and an elder brother, who works in a private bank and got married last year. “Everyone in the locality knew us as Gaurav’s parents. I could not even see my dead son’s face; his body parts were wrapped together in a white cloth. That was the impact of the truck. More than a thousand people attended his funeral, that’s how he was loved,” the mother added.

The tribunal further directed the truck owner to credit the said compensation amount to the account of the tribunal which will then be disbursed to the parents in equal proportion.

Advocate MN Sonawane, representing the family of the deceased, submitted that the entire evidence before the court was sufficient to prove that the driver of the truck vehicle did not drive with due care and hence was negligent and solely responsible for causing the accident.