The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of $Rs 33.9$ lakh to the kin of a $40$-year-old man who was killed in a motorcycle accident in 2021. The tribunal found the driver of a tempo solely responsible for the fatal collision, dismissing claims of contributory negligence or insurance policy breaches.
The order, passed by MACT member R V Mohite on March 20 and made available this week, directs the owner and the insurer of the offending vehicle to pay the compensation “jointly and severally.” The award includes an interest rate of $9\%$ per annum from the date the petition was filed until the realization of the amount.
The victim, Hemant Krushnakant Vedpathak, was an employee of a private firm. On June 3, 2021, Vedpathak was riding his motorcycle on the Kalyan-Murbad Road when he was struck by a speeding tempo. The impact resulted in fatal injuries. His family subsequently approached the tribunal seeking financial redress for the loss of their sole breadwinner.
During the proceedings, the tribunal scrutinized the circumstances leading to the crash. Evidence suggested that the tempo was being driven in a “rash and negligent manner” at the time of the incident.
The tribunal noted that the offending vehicle, which was traveling from the opposite direction at a high speed, abruptly left its designated lane and entered the wrong side of the road before crashing into Vedpathak’s motorcycle.
The MACT member observed:
“The offending tempo came from the opposite direction at high speed, in a rash and negligent manner, left its lane and went towards the wrong side and dashed into the motorcycle of the deceased.”
Furthermore, the tribunal applied the principle of “last opportunity,” noting that the tempo driver was the individual who had the final chance to avoid the collision but failed to do so. The court emphasized that there was no evidence on record to suggest that the deceased had contributed to the accident through any act of negligence.
The insurance company contested the claim, alleging a breach of policy conditions. However, the tribunal rejected this contention after reviewing the legal documentation of the vehicle and the driver.
The tribunal found that the driver possessed a “valid and effective driving licence,” and the vehicle was equipped with a valid fitness certificate and permit. “There is no breach of the terms and conditions of the policy,” the order stated, thereby holding the insurer liable alongside the vehicle owner.
The total award of $Rs 33,90,000$ has been divided among the surviving family members:
- Wife of the deceased: Awarded $Rs 23.9$ lakh.
- Minor daughter: Awarded $Rs 10$ lakh.
As per the tribunal’s directions, a portion of the compensation amount is to be placed in fixed deposits to ensure the long-term financial security of the claimants.
