The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of ₹49.46 lakh to the parents of a 24-year-old IT engineer who lost his life in a tragic road accident in January 2019.
The tribunal, presided over by member R.V. Mohite, passed the order on August 2, concluding that the accident resulted from contributory negligence. It apportioned 75% of the blame to the driver of a speeding truck and the remaining 25% to the deceased, Swapnil Suresh Gulvi, who was riding a motorcycle.
According to the claim petition filed by Gulvi’s parents, the accident occurred on Ghodbunder Road in Thane when Swapnil attempted to overtake a bus from the right near a bus stop. The petition alleged that the bus driver suddenly applied brakes, causing Gulvi’s motorcycle to collide with it. He fell onto the road and was fatally run over by a truck approaching from behind.
The tribunal, however, absolved the bus driver of any fault, stating that no evidence substantiated the claim of abrupt braking. It found that both the deceased and the truck driver had failed to maintain a safe distance from the vehicle ahead, a lapse that led directly to the accident.
“As proper distance was neither maintained by the deceased nor by the driver of the offending truck, then whole negligence is on the part of rear vehicles,” the tribunal observed. It also noted that the truck was travelling at an excessive speed at the time of the incident.
The MACT calculated the total compensation at ₹65,94,700, factoring in the deceased’s monthly income of ₹30,000, future income prospects, and non-pecuniary damages. After deducting 25% on account of the deceased’s contributory negligence, the final amount awarded was ₹49,46,025.
The tribunal directed the owner and insurer of the truck to jointly and severally pay the compensation to the claimants along with 9% annual interest from the date of the petition filing.
