The Motor Accident Claims Tribunal (MACT) in Maharashtra’s Thane district has awarded a compensation of ₹62.19 lakh to the family of a 39-year-old man who lost his life in a tanker accident in 2019.
MACT member R.V. Mohite, in an order dated September 11 (made public on Sunday), directed the owner of the milk tanker and its insurer, The New India Assurance Company, to jointly and severally pay the amount along with 9% annual interest from the date of filing of the petition.
The victim, identified as Mohan Shiroshe, was driving his car on the Kalyan-Nagar Highway on September 10, 2019, when a speeding tanker transporting milk veered onto the wrong side of the road and collided head-on with his vehicle. The impact caused Shiroshe’s car to spin and crash into another vehicle. While the tanker driver fled the spot, Shiroshe was rushed to a hospital, where he later succumbed to his injuries.
The deceased’s family, represented by advocate P.M. Tillu, had initially sought ₹1 crore in compensation, arguing that the accident was solely due to the negligence of the tanker driver.
The insurance company, represented by advocate K.V. Poojari, contested the claim, alleging that the tanker driver did not have a valid licence and permit, and further argued that the deceased was also negligent.
After examining the evidence, the tribunal held the tanker responsible as the primary cause of the collision, but also attributed 20% contributory negligence to Shiroshe.
“The negligence of the tanker driver is assessed to the extent of 80 per cent and the negligence of the deceased is assessed to the extent of 20 per cent for assessment of compensation,” the tribunal observed.
It also rejected the insurer’s contention of breach of policy conditions, noting that no proof was provided to establish that the tanker driver lacked a valid licence or permit.
The compensation was determined based on the deceased’s annual income, with adjustments for future prospects and deductions for personal expenses. After factoring in contributory negligence, the tribunal fixed the total award at ₹62.19 lakh.
