Pune: Holding that a criminal acquittal does not absolve a driver of liability in motor accident claims, the Motor Accident Claims Tribunal (MACT), Pune, has awarded Rs82.31 lakh in compensation to the family of a 40-year-old man who died in a 2018 road mishap.The tribunal, presided over by additional district judge D. P. Ragit, granted the amount with 7% interest. The victim, Sambhaji Kakade, was an attendant at a prominent biotechnology company at the time of the accident. The tribunal held the car’s driver, owner, and insurer “jointly and severally” liable to pay the claim, while dismissing the case against the owner of the tempo involved in the collision.On Dec 2, 2018, Kakade was travelling in a sedan with colleagues from Indapur toward Nimgaon-Ketki. Near Gokhali–Sonai Phata, the car rammed a tempo from behind and overturned. Kakade sustained severe head injuries and passed away during treatment at Ruby Hall Clinic on December 4. His family filed a claim in April 2019 seeking Rs1.15 crore.The tribunal concluded that the accident occurred due to the “rash and negligent driving” of the car driver. It noted that the driver hit the tempo from behind, a collision that could have been avoided with proper care. The judge cited the police charge sheet, spot panchanama, and witness statements as evidence of the car driver’s fault.The tribunal also rejected the insurer’s plea of “contributory negligence,” stating that no cogent evidence was provided to prove the tempo driver was at fault.In a significant legal observation, the tribunal clarified that an acquittal in a criminal court does not automatically end liability in a claims tribunal. Judge Ragit noted that while criminal cases require “proof beyond reasonable doubt,” claim proceedings operate on the “preponderance of probability.”The court further noted that the car driver held a valid licence and there was no evidence of a policy breach that would exempt the insurance company from paying the claim.For quantifying compensation, the tribunal assessed Kakade’s monthly income at Rs 47,489 based on salary records, added 25% towards future prospects, and applied a multiplier of 15 considering his age. After deducting one-fourth towards personal expenses, the loss of dependency was calculated at Rs80.13L. The tribunal further granted amounts under conventional heads, including medical expenses, consortium, funeral expenses and loss of estate, taking the total compensation to Rs 82.31L.
