Pune Tribunal Awards Rs 56.28 Lakh Compensation to Widow of Chef Killed in Truck Accident
A Motor Accident Claims Tribunal (MACT) in Pune has issued a landmark order, directing the owner of a tipper truck and the insurance company to jointly and severally pay Rs 56.28 lakh in compensation to the widow of Deepak Bhattarai, a 39-year-old head chef with a hospitality firm. The tragic accident occurred on September 9, 2024, when Bhattarai was fatally struck by the heavy vehicle, which was being driven on the wrong side of the road near the Golf Club junction in Yerawada.
Details of the Tribunal's Ruling and Interest Imposition
MACT member BD Kulkarni, in the order dated February 26, imposed an annual interest rate of 7% on the compensation amount. This interest is applicable from the date the claim petition was filed on September 27, 2024, until the full payment is realized. The tribunal has mandated that the vehicle owner and the insurer deposit the Rs 56.28 lakh into its account within two months from the order date. Upon deposit, the funds will be transferred to the applicant, the victim's widow, via bank transaction, as specified in the order.
Advocate Atul Gunjal, who represented the petitioner, provided additional context, noting that the Yerwada police have initiated a parallel criminal case against the tipper truck driver. The driver faces charges of rash and negligent driving causing death, with a charge sheet already filed. This criminal case is currently pending before the court, highlighting the legal repercussions beyond the civil compensation claim.
Insurance Company's Defense and Tribunal's Rejection
The tribunal proceeded ex parte against the vehicle owner, who did not contest the claim. However, the insurance company filed a written submission challenging its liability to pay compensation. The insurer argued that the tipper truck was being operated in breach of policy conditions, citing alleged issues with the driver's licence and the vehicle's permit and fitness certificate.
In a detailed examination, the tribunal reviewed the evidence and found the insurer's claims unsubstantiated. The driving licence of the tipper driver, Bhima Kattimani, was issued by the RTO Karnataka on December 3, 2021, and remains valid until December 2, 2026, authorizing him to drive transport vehicles. Furthermore, the tribunal confirmed that the vehicle possessed a valid permit and fitness certificate on the date of the accident.
Based on this evidence, the tribunal concluded that there was no breach of the insurance policy's terms and conditions regarding the driver's licence. Consequently, it held both the vehicle owner and the insurer jointly and severally liable for the compensation, including the 7% annual interest from the application date until full realization.
Findings on Negligence and Accident Circumstances
The tribunal's decision was reinforced by findings from the spot panchanama and charge sheet, which indicated that the truck driver was solely negligent in the accident. Observations confirmed that the deceased, Deepak Bhattarai, was traveling on his correct side of the road at the time of the incident, underscoring the driver's fault in causing the fatal collision.
This ruling not only provides financial relief to the bereaved family but also sets a precedent for holding both vehicle owners and insurers accountable in motor accident cases, ensuring justice for victims of road negligence.
