A Motor Accidents Claims Tribunal (MACT) in Thane has delivered a significant verdict, directing a vehicle owner and an insurance company to jointly pay a compensation of Rs 24.3 lakh. This ruling pertains to a tragic high-speed road accident from 2019 that resulted in one fatality and left another person with permanent disabilities.
The Tragic Incident on Vanjarpatti Bridge
The unfortunate event unfolded on September 30, 2019, around 5:45 PM on the Bhiwandi-Wada road. A 51-year-old man was riding his Honda Activa scooter, with his 67-year-old colleague as a pillion rider. Both individuals were employees at a local NGO in Bhiwandi, earning a monthly salary of Rs 15,000. As they were on their way, a speeding Mahindra Bolero pick-up vehicle rammed into their scooter from behind on the Vanjarpatti Bridge.
The impact of the collision was severe. The pillion rider, aged 67, sustained critical injuries and succumbed to them during treatment at the Indira Gandhi Memorial Hospital on the same day. The scooter rider, though he survived, suffered grave injuries. These included multiple fractures on his face, leading to a 67% permanent partial disability. This disability has profoundly affected his capacity to work and live a normal life.
Tribunal's Firm Verdict and Observations
Presiding Officer K P Shrikhande led the tribunal, which was unequivocal in its findings. The order explicitly stated that the offending Bolero approached from behind at high speed and hit the Activa in a rash and negligent manner. The tribunal squarely blamed the Bolero driver for causing the tragedy.
It dismissed the insurance company's argument suggesting contributory negligence from the scooter riders. The tribunal emphasized that official documents and witness accounts clearly established the fault of the Bolero driver. This conclusion was further supported by the fact that a criminal case for rash and negligent driving causing death had been registered against the driver, which corroborated the evidence presented by the petitioners.
Compensation Breakdown and Financial Safeguards
The tribunal meticulously calculated the compensation to address the losses suffered. The widow of the deceased victim was awarded Rs 5.3 lakh for the loss of her husband and the resulting financial hardship. The injured rider, bearing the lifelong burden of his disability, was granted a larger sum of Rs 19 lakh.
Both compensation amounts will accrue interest at the rate of 9% per annum from the date the claim was filed, December 11, 2019, until the full payment is made. To ensure long-term financial security for the beneficiaries, the tribunal ordered protective measures. From the injured man's compensation, Rs 8 lakh will be placed in a three-year fixed deposit. Similarly, 25% of the widow's compensation will also be secured in a fixed deposit scheme.
This ruling underscores the legal accountability for negligent driving and the judiciary's role in providing relief to victims and their families. It sends a clear message about the severe consequences of rash driving on Indian roads.
