The Motor Accident Claims Tribunal (MACT) has directed Thane Municipal Transport (TMT) to pay a compensation of Rs. 39.43 lakh to the widow and children of a 45-year-old man who was killed in a road mishap in 2014.
In his order, MACT Chairman and Principal District Judge S M Gavhane also directed TMT to pay an interest on the sum at 9 per cent per annum from the date of filing of the claim in September, 2014.
The applicants: widow Priyanka Jitendra Salunke, 38, Prajakta Jitendra Salunke, 20, Swapnil Jitendra Salunke, 17, Chintaman Laxman Salunke, 69 and Usha Chintaman Salunke, 65 lodged the claim of Rs. 50 lakh with 12 per cent p.a following the death of Jitendra Salunke, who was working as a machine operator with Balmer Lawrie Van Leer Ltd.
They stated in their claim that the deceased was the only bread winner of the family and his monthly salary was Rs. 25,222.
Their counsel Advocate Pradeep Tillu told the tribunal that the accident took place on August 1, 2014 when Jitendra and his son Swapnil were waiting near Sabale Wadi at Panchpakadi for an autorickshaw to return home.
A speeding TMT bus, driven in a rash and negligent manner dashed the deceased as a result of which he was thrown away and the left side wheel of the bus ran over his head crushing him to death instantly, it was submitted.
The TMT contested the claim and stated that a fight had erupted between two persons on the spot and one of them jumped before the running bus and dashed to the left rear tyre in an attempt to commit suicide and sustained head injuries.
The tribunal was told that there was no negligence on the part of the driver of the offending bus and deceased himself was careless which caused his death. And hence the opponent is not liable to pay compensation.
However, the judge in his order observed that on the basis of FIR and final report against the driver of the offending bus, it can be concluded that there was negligence on the part of the driver as he has not disputed the genuineness of these documents. Also, it corroborates the evidence given by the victim’s son regarding the rash and negligent driving.
