The family of a businessman has been awarded Rs. 36.16 lakh compensation for his death in a road accident by Thane Motor Accident Claims Tribunal which held that they are not eligible for full claim as the mishap had occurred due to contributory negligence of the deceased.
MACT member and district Judge K D Vadane in his order observed that the claimants cannot get full benefit of the total eligible compensation of Rs. 48.21 lakhs, while holding that there was contributory negligence to the extent of 75 per cent by the offending vehicle and 25 per cent by the deceased.
The claimants — Manju Mohanlal Gujar (30, age at the time of the accident), her daughter Chetana (1) and in-laws Makhanlal Gujar (60) and Bhamarai Bai Gujar (58), all residents of Bail Bazar at Kurla in Mumbai — stated before the MACT that Mohanlal (32) was into retail business of ornaments and electrical goods. He earned Rs 50,000 per month and the family was dependent on his income.
They informed the Tribunal that on September 12, 2013, at around 10 PM, the deceased was driving a motorcycle. When he reached the Uran-Belapur road, a truck dashed against the bike, as a result of which Mohanlal fell down and sustained injuries and died.
They said that the accident and the subsequent death happened due to sole negligence of the truck driver.
In their application, they lodged a claim of Rs 50 lakh from two respondents – truck-owner Viraj Profiles, MIDC Boisar and ICICI Lombard General Insurance Company.
The case was decided ex-parte against the truck-owner, but the insurance company contested the claim while claiming negligence of the part of the bike driver and also challenged the age and income proof of the deceased.
The insurance firm also contended that the accident had occurred due to the sole negligence of the deceased as he was driving in high speed and suddenly stopped before the truck.
However, the applicants’ counsel, R C Yadav, submitted that the contention of his clients was corroborated by police papers on record. The offence for rash and negligent driving was registered against the truck driver, which shows that there was negligence on his part, he said.