Pune Tribunal Awards Rs 20.81 Lakh Compensation to Family of Pedestrian Killed in 2015 Autorickshaw Accident
In a significant ruling, the Motor Accident Claims Tribunal (MACT) in Pune has granted compensation of Rs 20.81 lakh, along with 7% annual interest from the date of filing the claim petition, to the family of a 32-year-old pedestrian who tragically lost his life after being struck by an autorickshaw back in 2015. The tribunal firmly concluded that the fatal accident occurred due to the rash and negligent driving of the autorickshaw driver, who was operating the vehicle without possessing a valid driving licence at the time of the incident.
Details of the Tragic Accident and Legal Proceedings
The victim, identified as Dinesh Tawade, was crossing the road at Sane Chowk in Chikhali on July 26, 2015, when the autorickshaw hit him, causing severe injuries. Despite medical treatment, Tawade succumbed to his injuries on August 9, 2015. Following the accident, an FIR was registered at the Nigdi police station under Indian Penal Code sections 279, which pertains to rash or negligent driving, and 338, for causing grievous hurt, in addition to relevant provisions of the Motor Vehicles Act.
In April 2022, Tawade's wife, minor daughter, and parents filed a claim petition before the MACT seeking compensation for their loss. The insurance company contested the claim on multiple grounds, including a significant delay in filing the petition and arguing contributory negligence on the part of the pedestrian. The insurer also highlighted policy breaches, noting that the autorickshaw driver lacked a valid licence and the vehicle did not have a proper permit.
Tribunal's Findings and Compensation Calculation
After meticulously reviewing all evidence presented, including the chargesheet and supporting material, the tribunal rejected the insurance firm's argument regarding pedestrian negligence. It held unequivocally that the accident resulted solely from the negligent driving of the autorickshaw operator.
For calculating the compensation amount, the tribunal assessed the victim's monthly income at Rs 9,000. It then added 40% for future prospects, deducted one-fourth towards personal expenses, and applied a multiplier of 16 based on Tawade's age. Additional amounts were granted for medical expenses, loss of consortium, funeral costs, and loss of estate, culminating in a total compensation of Rs 20.81 lakh.
"Pay and Recover" Principle Applied
The tribunal acknowledged a breach of policy conditions due to the driver's lack of a valid licence. However, in a move to ensure timely justice for the claimants, it directed the insurance company to first pay the compensation to the family. Subsequently, the insurer is entitled to recover the amount from the vehicle owner under the established "pay and recover" principle, which prioritizes victim compensation while holding responsible parties accountable.
This ruling underscores the judiciary's commitment to providing relief to families affected by road accidents, emphasizing accountability in cases of negligent driving. The decision also highlights the importance of adhering to traffic regulations and maintaining valid documentation for vehicle operators to prevent such tragedies.
