Thane Tribunal Grants Rs 49.46 Lakh to Parents of IT Engineer in Accident Case

Thane, Aug 5 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has granted a compensation of Rs 49.46 lakh to the parents of a 24-year-old IT engineer who died in a road accident in 2019.

The tribunal, led by member RV Mohite, in an order dated August 2, identified the cause of the accident as contributory negligence, with 75 percent of the blame placed on the truck driver and 25 percent on the deceased motorcyclist.

The claim was filed by the parents of the deceased, Swapnil Suresh Gulvi.

According to the petition, Gulvi was riding his motorcycle on January 11, 2019, along Ghodbunder Road in Thane city, Maharashtra, when he tried to overtake a bus from the right side near a bus stop.

The bus driver allegedly applied sudden brakes, resulting in the motorcycle colliding with it and Gulvi being thrown off.

Following this, a truck traveling behind ran over Gulvi's head, causing his death.

The deceased was an IT engineer earning Rs 30,000 per month.

The owners of the truck and bus remained ex-parte, while their insurers contested the claim.

The tribunal cleared the bus driver of any negligence, stating there was no evidence to support the claim of sudden braking to stop at the bus stop.

It was observed that both Gulvi and the truck driver failed to maintain a safe distance from vehicles ahead, which led to the accident.

"As proper distance was not maintained by the deceased or the truck driver, the negligence is attributed to the rear vehicles, i.e., the deceased and the driver of the offending vehicle concerning the occurrence of the accident," the MACT noted.

The tribunal also pointed out that the truck was moving at an excessive speed during the accident.

After evaluating the circumstances, the tribunal determined the truck driver's negligence at 75 percent and the deceased's at 25 percent.

The total compensation was calculated to be Rs 65,94,700, which included considerations for loss of future income, future prospects, and non-pecuniary damages.

Upon applying a 25 percent deduction for the deceased's contributory negligence, the final compensation stood at Rs 49,46,025.

The tribunal ordered the truck owner and its insurer to pay the compensation to the claimants jointly and severally, with an annual interest of 9 percent from the date of the petition.

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