PUNE: The Motor Accident Claims Tribunal (MACT), Pune, has awarded ₹85.98 lakh compensation, with 7% annual interest, to the husband and two minor children of a 38-year-old woman who died from injuries sustained after a truck hit the two-wheeler on which she was travelling as a pillion rider.
MACT member SR Agrawal delivered the judgment on September 11 on a claim petition filed by Girish Bhawarlal Rathod, 42, and his two children following the death of Meena Girish Rathod.
The tribunal held the truck driver responsible for the accident and rejected the respondents’ contention that the two-wheeler rider had contributed to it.
The accident occurred on January 31, 2023, when Meena was travelling from Golf Chowk towards Gunjan Chowk on a two-wheeler driven by Manali Ketan Rathod. According to the claim petition, the truck was being driven rashly and negligently and hit the two-wheeler from behind. Meena fell onto the road and came under the truck’s front right wheel.
She suffered multiple severe injuries and was admitted to Jehangir Hospital, where she died during treatment on February 28.
The truck owner and insurer disputed the allegations, claiming that the two-wheeler rider had failed to maintain a safe distance and contributed to the accident. The tribunal, however, noted that the respondents failed to examine the truck driver or any independent eyewitness to substantiate their defence.
{{/usCountry}}The truck owner and insurer disputed the allegations, claiming that the two-wheeler rider had failed to maintain a safe distance and contributed to the accident. The tribunal, however, noted that the respondents failed to examine the truck driver or any independent eyewitness to substantiate their defence.
{{/usCountry}}It also considered the FIR, spot panchanama, police papers, charge sheet, post-mortem report and death certificate. A criminal case was registered against the truck driver under relevant provisions of the Indian Penal Code and Motor Vehicles Act, and police subsequently filed a charge sheet.
The family had sought ₹2 crore compensation.
The tribunal assessed Meena’s monthly income at ₹30,000, although the family had claimed ₹35,000- ₹38,000 from private tuition classes. After adding 40% towards future prospects, deducting one-third towards personal expenses and applying a multiplier of 15, it calculated the loss of dependency at ₹50.40 lakh.
It awarded ₹33.77 lakh towards medical and hospitalisation expenses, including ₹20 lakh paid under her mediclaim policy and ₹13.77 lakh borne by the family. It also granted ₹18,150 each towards loss of estate and funeral expenses and ₹1.45 lakh towards loss of consortium.
The total compensation was fixed at ₹85,98,500, with the tribunal holding the truck owner, Mahesh Enterprises, and The New India Assurance Company Ltd jointly and severally liable to pay the amount with 7% interest from the date of filing of the claim petition until realisation.
Forty per cent of the compensation will go to the husband and 30% each to the two children. The children’s shares will be kept in fixed deposits in nationalised banks until they attain majority. The tribunal also awarded ₹5,000 towards petition costs.