The Motor Accident Claims Tribunal (MACT) in Thane has ordered compensation of ₹1.15 crore to the family of a couple who were killed in a road accident near Mumbai’s Vikhroli area in 2019, holding the truck driver solely responsible for the fatal crash.
MACT Member R. V. Mohite, in an order passed on Tuesday, ruled that the accident occurred due to the “sole negligent driving of the offending truck”. The tribunal directed that ₹75.29 lakh be paid to the couple’s 16-year-old daughter and ₹20 lakh each to the deceased man’s parents.
It observed that the truck driver, who was driving at an “excessive and uncontrollable speed”, had the “last opportunity to avoid the accident” but failed to do so. The tribunal also noted that neither the truck owner nor the insurer produced any evidence to suggest contributory negligence on the part of the deceased.
The accident took place on February 2, 2019, near Phiroz Shah Mehta Bridge on the Eastern Express Highway in Vikhroli. Akshay Pramod Gupta (34), an engineer earning ₹65,000 per month, was riding a scooter with his wife Aarti Akshay Gupta (32) and their daughter when a speeding truck hit them from behind.
The impact threw the couple off the scooter, and the truck’s wheel ran over them, killing both on the spot. Their daughter survived. The truck driver fled without providing assistance, and Vikhroli police later registered a case and filed a chargesheet.
The claimants, represented by advocate S. J. Tiwari, contended that the accident was entirely due to the truck driver’s rash driving. The truck owner did not appear before the tribunal, leading to an ex parte order against him. The truck’s insurer contested the claim, citing policy breaches and questioning the validity of the driver’s licence.
However, the tribunal rejected these arguments, holding that the insurer failed to prove any breach of policy conditions. It noted that “mere plea about not holding a driving licence by the driver of the offending truck is not sufficient to hold that there is any breach of the terms and conditions of policy.”
The tribunal relied on police records, the investigating officer’s report, CCTV footage, and eyewitness accounts to conclude that the truck driver’s negligence caused the accident.
The tribunal awarded ₹92,34,484 as compensation for the death of Akshay Gupta and ₹22,95,100 for Aarti Gupta, totalling ₹1,15,29,584. The amount is to be paid jointly and severally by the truck owner and the insurer, along with 9 per cent annual interest from the date of filing the petition until its realisation.
