The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 21.19 lakh to the kin of a 36-year-old worker who was killed in a 2016 construction site accident. The tribunal held that the “rashness and negligence” of a concrete mixer driver led to the fatal incident, rejecting the insurer’s attempts to avoid liability through technical policy breaches.
The case dates back to August 21, 2016, at a construction site near Bhoiwada, Mumbai. The victim, Ghanshyam Lalta Prasad Yadav, was performing his duties when a ready-mix concrete (RMC) mixer vehicle was suddenly put into motion.
According to the tribunal’s findings, the driver started the heavy machinery without any prior warning or a lookout to ensure the area was clear. Yadav was crushed by the vehicle and succumbed to his injuries.
In the order dated March 23—the details of which were made available on Monday—Tribunal member R V Mohite placed the blame squarely on the driver of the offending vehicle.
“The driver, without a lookout or warning, started the offending concrete mixer and crushed the deceased… This shows his rashness and negligence,” Judge Mohite observed in the ruling.
The claim was contested by Universal Sompo General Insurance Co. Ltd. The insurer argued that there were fundamental breaches of the insurance policy, specifically questioning the validity of the driver’s license and the vehicle’s fitness certificate at the time of the accident.
However, the tribunal dismissed these arguments, noting a lack of substantiating evidence from the insurance provider. The judge pointed out that the insurer failed to provide any proof to back the allegations of policy violations. Consequently, the tribunal held the owner of the RMC mixer and the insurance company jointly and severally liable for the payout.
The total award of Rs 21,19,000 includes several components intended to provide financial security to the bereaved family:
- Loss of future income and prospects
- Loss of consortium
- Funeral expenses
- Loss of estate
The tribunal directed that the compensation be paid with a 9 per cent interest per annum, calculated from the date the petition was originally filed.
