The Motor Accident Claims Tribunal (MACT) in Thane has ordered the payment of ₹51.73 lakh as compensation to a man whose wife died in a road accident involving two trucks and an auto-rickshaw in 2014. The tribunal held all three drivers and vehicle owners jointly responsible for the fatal collision.
The accident took place on August 19, 2014, on Ghodbunder Road in Thane. Pratiksha Brian D’Souza, then 29 and working as the head of an activity centre at a local school, was travelling with her husband Brian D’Souza in an auto-rickshaw when the crash occurred.
According to the claim petition, the auto-rickshaw swerved suddenly to avoid a stationary truck that had been abandoned in the middle of the road without any warning signals, parking lights, or other safety measures. At that moment, a second truck approached at high speed from behind and rammed into the rickshaw. The impact crushed the auto between the two trucks, killing Pratiksha on the spot.
Presided over by R.V. Mohite, the MACT examined the evidence and apportioned 100 percent negligence among the three vehicles involved:
- Stationary Truck: The tribunal held the driver and owner primarily responsible for illegally parking the vehicle in the middle of the road without any warning measures.
“Parking the vehicle almost on the middle of the road without any alarming measures is a definitely negligent act on the part of driver and owner of said vehicle,” the order stated. - Auto-Rickshaw: The driver was found negligent for speeding and making a sudden turn without sufficient caution.
- Moving Truck: The driver of the second truck was held negligent for driving at high speed and failing to maintain a safe distance.
The tribunal apportioned 40 percent liability each to the owners, drivers, and insurers of the two trucks, and 20 percent to the rickshaw’s driver, owner, and insurer.
The MACT awarded a total compensation of ₹51,73,696, which included:
- ₹33,72,664 towards loss of future income
- ₹16,86,332 towards future prospects
- Additional amounts under non-pecuniary heads such as loss of consortium and loss of estate
The two truck parties were directed to pay ₹20,69,478 each, while the auto-rickshaw’s parties were ordered to pay ₹10,34,740. The tribunal also ordered that the compensation amount be deposited with 9% interest from the date of filing of the claim, within one month. Of this, ₹25 lakh is to be invested in a five-year fixed deposit for the claimant.
