The Motor Accident Claim Tribunal (MACT), Pune has directed an insurance company, container owner and driver to jointly pay compensation of Rs 10.38 lakh to the family member of the driver Shailendra Verma.The amount will be divided amongst his parents, wife and children.
The deceased was driving container when it was hit by another container being driven in a rash and negligent driving leading to his death. The incident took place on May 4, 2016 at 11 pm on Chakan –Shikrapur road. The driver of the offending container Rajendra Verma gave a statement to the police about the accident and on the basis of the state, the Shikrapur police registered an FIR under sections 304-A, 279,337,338 and 427 of the Indian Penal Code (IPC) and also relevant sections of the Motor Vehicles Act .
The family members in their complaint to the MACT stated all the respondents in the case were liable to pay compensation to them.The insurance company counsel appeared and filed the say where it admitted the insurance policy of the offending container but denied its liability for payment of any compensation.
The MACT in its order mentioned that the documents, FIR, panchnama, Form AA, inquest Panchnama and accident report form proved that Late Shailendra met with an accident due to dash of the offending container. As per the spot panchnama, the dash was so heavy that the side portion of the offending container as well as the chamber of the truck of late Shailendra Varma were seriously damaged. The accident was so peculiar that the cabin of Late Shailendra’s truck got crushed following which he succumbed to the injuries. Therefore, certainly, there was negligence as well as rashness on the part of the driver of the offending vehicle, the order stated.
{{/usCountry}}The MACT in its order mentioned that the documents, FIR, panchnama, Form AA, inquest Panchnama and accident report form proved that Late Shailendra met with an accident due to dash of the offending container. As per the spot panchnama, the dash was so heavy that the side portion of the offending container as well as the chamber of the truck of late Shailendra Varma were seriously damaged. The accident was so peculiar that the cabin of Late Shailendra’s truck got crushed following which he succumbed to the injuries. Therefore, certainly, there was negligence as well as rashness on the part of the driver of the offending vehicle, the order stated.
{{/usCountry}}The Advocate for the claimants submitted that the deceased was a driver and doing a technical job. Therefore, as per Minimum Wages Act, minimum income of the deceased may be considered as Rs 9000 per month. But, the MACT held that, even for considering this income, it is to be duly proved that the deceased Shailendra was working as a driver. Though at the time of the accident, he was driving a container and no documentary proof has been placed on record that he was doing a job of driver. Therefore, also this contention of the advocate for the claimants cannot be accepted, the MACT observed. The final order directed the trio to jointly and severally pay the claimants a compensation amount of Rs 10.38 lakh along with interest at the rate of 6% per annum from the date of filing the compensation petition .