The Motor Accident Claims Tribunal (MACT), Pune, has awarded ₹24.01 lakh compensation with 7% annual interest to the parents of a 16-year-old girl who died after a water tanker hit the two-wheeler on which she was travelling as a pillion rider near Bavdhan in August 2023.
The tribunal held the tanker driver responsible for the fatal accident and found that the vehicle did not have a permit on the date of the crash. However, as the insurance policy was valid, the firm was directed to pay the compensation first and recover the amount from the tanker owner under the “pay and recover” principle.
The judgment was delivered by SR Agrawal, member, MACT, Pune on Thursday.
Nitin Sahadev Jori, 46, a rickshaw driver, and his wife Sapna Nitin Jori, 41, a homemaker, parents of deceased Arpita Nitin Jori had filed the claim.
The accident occurred at around 10.40am on August 7, 2023, when Arpita was travelling from Bhugaon towards Kothrud on the two-wheeler driven by her friend Gopal Gawade. Near the Bhugaon-Chandani Chowk bridge road, the tanker allegedly came from behind and hit the two-wheeler. Arpita sustained serious injuries and died during treatment. She was studying in Class XII.
The insurer disputed negligence and claimed the two-wheeler had suddenly applied the brakes. The tribunal, however, relied on the FIR, medical records and other documents and noted that the tanker driver was not examined.
{{/usCountry}}The insurer disputed negligence and claimed the two-wheeler had suddenly applied the brakes. The tribunal, however, relied on the FIR, medical records and other documents and noted that the tanker driver was not examined.
{{/usCountry}}“His non-examination materially weakens the defence set up by the respondents,” the tribunal observed.
An RTO official told the tribunal that the tanker’s earlier permit expired on June 6, 2023, while its subsequent permit was valid only from October 16, 2023.
For calculating compensation, the tribunal assessed Arpita’s notional monthly income at ₹15,000, added 40% for future prospects and applied a multiplier of 18. After a 50% deduction for personal expenses, loss of dependency was assessed at ₹22.68 lakh. Including other statutory heads, the total compensation came to ₹24,01,100.
The insurer was directed to deposit the amount with 7% interest from the date of filing of the claim until realisation.