The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 51.73 lakh to a man for the death of his wife in a road accident in 2014.
The fatal accident took place earlier on August 19, 2014. As per the reports, the accident was caused by the combined rash and negligent acts of the drivers of three separate vehicles — two trucks and the auto-rickshaw in which the woman was travelling, the tribunal, presided over by member R. V. Mohite, noted in the order on Monday.
The claimant`s counsel, YS Duduskar, told the tribunal that Pratiksha Brian D`Souza (then aged 29), head of the activity centre at a school in Maharashtra`s Thane city, was travelling with her husband, Brian D`Souza, in an auto-rickshaw on Ghodbunder Road.
The auto-rickshaw took a sudden turn while attempting to avoid an abandoned stationary truck. The petition, which was put up at the tribunal, stated, “Almost in the middle of the road without any distress signal, parking lights or any other alarming measures/signs,” as per news agency PTI.
At that moment, another truck coming from behind at a high speed dashed into the auto-rickshaw, it said.
The petition further mentioned that the auto-rickshaw got crushed between the two trucks, and the woman died on the spot, the claimant said. The MACT examined the evidence and apportioned the entire 100 per cent negligence among the three vehicle owners and drivers.
It held the driver and owner of the stationary truck responsible for illegally parking the vehicle.
After considering the petitions, the tribunal further stated, “Parking the vehicle almost in the middle of the road without any alarming measures is a definitely negligent act on the part of the driver and owner of said vehicle,” as cited by news agency PTI.
Moreover, the auto-rickshaw driver was found negligent for driving at excessive speed and making an abrupt move without caution.
The other truck driver was also found negligent for speeding and failing to keep a safe space between his vehicle and the auto-rickshaw.
As reported by news agency PTI, the panel found 40% negligence on the side of the two trucks` drivers, owners, and insurers and ordered both parties to pay Rs 20,69,478 in compensation each.
In the case of the auto-rickshaw, the MACT assessed the liability of the driver, owner, and insurance at 20% and ordered them to pay Rs 10,34,740 as their share of compensation.
The compensation awarded included Rs 33,72,664 for loss of future income, Rs 16,86,332 for future prospects and amounts for non-pecuniary heads like loss of consortium and loss of estate, reported PTI.
The tribunal directed the opponents to deposit the total amount of Rs 51,73,696 along with 9 per cent interest (from the date of filing of the claim) within one month, with a portion of Rs 25 lakh to be invested in a five-year fixed deposit for the claimant.
(With inputs from PTI)
