The Motor Accident Claims Tribunal in Thane has ordered a tempo owner and an insurance provider to pay Rs 31.43 lakh in compensation to the family of a driver killed in a 2020 highway crash. However, the tribunal reduced the final payout by 15 percent after determining that the deceased motorist was partially responsible for the accident because he was driving too close to the vehicle ahead of him.
In an order passed on Tuesday, Tribunal Member R V Mohite directed the opponents to pay the compensation jointly and severally. The award also carries a 9 percent annual interest rate, calculated from the date the petition was originally filed.
Apportioning Of Liability
The legal dispute centered on who was to blame for the fatal rear-end collision. The insurer contended that the deceased driver, Rajaram Narayan Mhatre, was solely liable for the accident because his car struck the lead vehicle from behind.
Rejecting this argument, the tribunal ruled that responsibility was shared between both drivers. Tribunal Member Mohite found the tempo driver 85 percent negligent for braking abruptly, while assigning 15 percent contributory negligence to Mhatre for tailgating and failing to keep a safe distance.
Consequently, the tribunal first calculated the total gross compensation at Rs 36.98 lakh. After applying the 15 percent deduction for Mhatre’s contributory negligence, the final payable sum was set at Rs 31.43 lakh.
Details Of The Collision
The crash took place on December 25, 2020, along the Pune-Nashik road. Mhatre was driving his Toyota Innova directly behind an Eicher tempo when the tempo driver suddenly applied his brakes without giving any signal or indication. Unable to stop in time, Mhatre’s vehicle slammed into the rear of the tempo, resulting in his death.
