Tribunal awards 23.75 lakh compensation to kin of delivery agent killed in road accident in Thane
The driver of the truck had the "last opportunity" to avoid the accident. But its rear wheels "rolled over the waist and thigh of the deceased," it observed.
"This shows rash and negligence of the driver as well as high speed of the offending vehicle," MACT member R V Mohite said in the order passed on Monday.
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The victim, Hanif Shahid Qureshi, then aged 33, was going on his motorcycle towards Bhiwandi in Maharashtra's Thane district for a delivery on March 21, 2021.
A truck hit his two-wheeler from the rear side at Kharegaon in Kalwa area on Mumbai-Nashik highway. Qureshi suffered grievous injuries and died the next day at the Chhatrapati Shivaji Maharaj Hospital, Kalwa.
His wife and minor daughter approached the tribunal seeking compensation for his death. The truck's owner remained ex-parte. The tribunal rejected the truck insurer's contention of contributory negligence by the deceased.
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"The police did not find any negligent act on the part of the deceased," it noted, adding the victim held a valid driving licence at the time of the accident.
The tribunal, however, found the truck driver was unlicensed at the time of the incident.
"Thus, there is a breach of terms and conditions of the insurance policy by the opponent owner of the truck," it observed. The tribunal assessed the victim's notional monthly income at Rs 12,000 while awarding a compensation of Rs 23,75,400 lakh along with an interest at 9 per cent per annum from the date of petition till depositing of the amount.
The insurer must pay the award amount first and then recover it from the vehicle owner, the MACT order said.
Out of the total amount, Rs 11,75,400 is to be given to the victim's wife, Rs 9 lakh to his daughter and Rs 3 lakh to his father, it said. Portions of the compensation for the widow and the minor daughter are to be kept in fixed deposits to ensure long-term financial security, as per the order.
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