Thane Tribunal Awards Rs 14.27 Lakh to Farmer's Family for 2018 Tempo Accident

Thane, Jul 1 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 14.27 lakh to the family of a 37-year-old farmer who tragically lost his life in a tempo accident in 2018.

MACT member R V Mohite on June 26 instructed the insurer of the tempo to pay the compensation initially and recoup it from the owner of the vehicle due to a breach of policy terms.

The unfortunate incident occurred on September 28, 2018, when farmer Mangesh Mitharam Mengal was traveling with his family in a tempo to Vasuri. The tempo driver, managing the vehicle at excessive speed and with recklessness, disregarded speed breakers and suddenly applied brakes in the Wada area of Maharashtra's Palghar district.

Due to the abrupt stop, some gas cylinders fell on Mengal, causing severe injuries that led to his death while he was undergoing treatment at a hospital in Wada. A criminal case was subsequently filed against the tempo driver at the Wada police station.

The claimants, consisting of Mengal's wife, three children, and parents, initially sought Rs 25 lakh but restricted their claim to Rs 1 lakh due to financial limitations. The tempo owner denied any negligence, asserting that the cylinders fell naturally due to potholes and speed breakers, and claimed the police registered the crime without a proper investigation.

The vehicle's insurer contested the claim, arguing that the deceased was a gratuitous passenger as the tempo was a goods carriage and hence, the insurer was not liable. It also stated that the tempo owner breached the policy terms and the driver might not have possessed a valid license.

The tribunal concluded that Mengal's death resulted from the rash and negligent driving of the tempo. It noted the offending vehicle was a goods carriage, and the owner was not authorized to carry passengers.

As the deceased was a gratuitous passenger, meaning neither an employee nor an authorized representative, and no premium had been paid for the benefit of gratuitous passengers, the owner clearly breached the insurance policy terms, the tribunal observed. Despite this breach, the tribunal, by referring to certain court judgments, directed the insurance company to fulfill the award first and subsequently recover the amount from the vehicle owner.

The tribunal determined the deceased's notional income as Rs 10,000 per month. After deducting one-fourth for personal expenses, the annual contribution to the family was calculated at Rs 90,000. Applying a multiplier of 15 for the 36-40 age group, the loss of future earnings was pegged at Rs 13.50 lakh. Additionally, the claimants were awarded Rs 44,000 for loss of consortium, and Rs 16,500 each for loss of estate and funeral expenses.

The tribunal directed both the insurance company and the vehicle owner to jointly and severally pay the compensation with an interest rate of nine percent per annum from the date of the petition. The insurance company is mandated to pay the compensation initially and then recover the amount from the vehicle owner through execution proceedings. Consequently, Rs 8.57 lakh is to be given to the farmer's wife, Rs 1.4 lakh each to his three children, and Rs 75,000 each to his parents.

(Only the headline of this report may have been reworked by Editorji; the rest of the content is auto-generated from a syndicated feed.)