The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 13.85 lakh to the family of a 53-year-old security guard killed in a road accident in 2022, reported news agency PTI.
The accident occurred on May 14, 2022, when the victim, Kamlesh Rammurat Singh, was on duty as a security guard at the compound of a private company in Wagle Estate area of Maharashtra`s Thane city, reported PTI.
A pick-up truck, owned by a Thane-based hospital, driven rashly and negligently, dashed into a parked van. The impact crushed Singh between the van and the company`s compound wall. He suffered a head injury and died on the spot.
MACT member R V Mohite, in the judgment delivered on October 10, relied on the chargesheet and the CCTV footage seized by the investigation officer, reported PTI.
It can be “clearly seen that the driver of the offending Tata Pick-up rashly and negligently and in high speed drove it and gave a dash to the Maruti Suzuki Ecco vehicle,” the tribunal said in the order, a copy of which was made available on Saturday, reported PTI.
The MACT made a significant observation regarding the insurance company`s liability.
The insurer of the offending truck proved a willful breach of the insurance policy terms by the opponent vehicle owner. The tribunal`s investigation also indicated that the truck driver was not holding a valid and effective driving licence at the time of the accident.
In accordance with Supreme Court rulings, the tribunal directed the insurance company to “satisfy the award in favour of the third party at the first instance and then to recover the awarded amount from the owner or driver of the vehicle”, reported PTI.
Consequently, the insurer must pay the compensation first, then recover the amount from the vehicle owner, it ordered.
The tribunal awarded a total compensation of Rs 13,85,400 along with 9 per cent annual interest to Singh`s family.
It directed that Rs 6.85 lakh be given to the deceased`s wife and Rs 3.5 lakh each to his two children, with portions of the amounts to be invested in a two-year fixed deposit.
(With inputs from PTI)
