The Motor Accident Claims Tribunal (MACT) in Thane has awarded ₹14.27 lakh as compensation to the family of a 37-year-old farmer who died after gas cylinders fell on him during a tempo ride in Maharashtra’s Palghar district in 2018.
Tribunal Member R.V. Mohite, in an order dated June 26, directed the tempo’s insurance company to first pay the compensation to the victim’s family and then recover the amount from the vehicle owner, citing breach of insurance policy terms.
The fatal accident took place on September 28, 2018, when the deceased, Mangesh Mitharam Mengal, was travelling with his family in a goods tempo to Vasuri. The vehicle, driven rashly and at high speed, failed to slow down at speed breakers in Wada, causing a sudden brake that led to gas cylinders toppling over Mengal. He sustained severe injuries and later died during treatment at a local hospital. A criminal case was subsequently registered against the driver at Wada police station.
Mengal’s family — comprising his wife, three children, and parents — initially sought ₹25 lakh in compensation but limited their claim to ₹1 lakh due to financial constraints. The tempo owner denied negligence, arguing the cylinders fell naturally due to potholes and that police acted without proper inquiry. The insurer also contested liability, claiming the deceased was a gratuitous passenger in a goods vehicle, which violated the policy conditions.
However, the tribunal found that the accident was caused by rash and negligent driving. It further observed that the tempo, being a goods carriage, was not authorised to carry passengers, and no premium had been paid to cover gratuitous passengers. This constituted a breach of policy conditions by the owner.
Despite the breach, the tribunal, referring to relevant judicial precedents, ordered the insurer to satisfy the award amount first, with liberty to recover it from the vehicle owner through execution proceedings.
The tribunal fixed Mengal’s notional monthly income at ₹10,000 and applied a multiplier of 15 to calculate a future earning loss of ₹13.5 lakh. An additional ₹77,000 was awarded under heads such as loss of consortium, estate, and funeral expenses.
The compensation amount will be distributed as follows: ₹8.57 lakh to the widow, ₹1.4 lakh each to the three children, and ₹75,000 each to Mengal’s parents. The tribunal also directed that the entire sum be paid with interest at 9% per annum from the date of filing the petition.
The insurance company and tempo owner have been held jointly and severally liable for the payment.
