Thane: The Motor Accident Claims Tribunal (MACT), Thane, awarded Rs 92.53 lakh in compensation to the family of a Kalwa-based businessman who lost his life in a road accident involving a heavy trailer on the JNPT–Palaspe road in May 2020.The award was passed by Presiding Officer R V Mohite of the Motor Accident Claims Tribunal, who held that the accident occurred due to composite negligence, fixing 85% liability on the trailer driver and 15% contributory negligence on the two-wheeler rider for failing to maintain adequate distance from the vehicle ahead.According to the tribunal’s findings, the accident took place on May 16, 2020, at around 3.45 pm near a T-point on the JNPT–Palaspe road. The victim was riding a two-wheeler when the trailer allegedly applied sudden brakes without any warning or indication, causing the rider to crash into its rear. The victim suffered grievous injuries and was declared dead at a nearby hospital.Panvel City police registered an FIR under IPC sections, including rash and negligent driving and causing death by negligence, along with relevant provisions of the Motor Vehicles Act. A chargesheet was later filed against the trailer driver. The tribunal noted that neither the trailer owner nor the driver challenged the criminal prosecution before any higher authority.The insurance company contested the claim, arguing that the accident occurred solely due to the rider’s negligence and alleging breach of policy conditions, including the absence of a valid driving licence. However, the tribunal rejected these contentions, observing that the trailer had a valid permit at the time of the accident and that the insurer failed to produce evidence to prove a violation of policy terms.While assessing compensation, the tribunal relied on income tax records to determine the deceased’s annual income and applied the multiplier method in line with Supreme Court guidelines. Amounts were added towards future prospects, loss of consortium, funeral expenses, and loss of estate. After deducting 15% for contributory negligence, the final compensation was fixed at ₹92.5 lakh.The tribunal directed that the compensation be jointly and severally paid by the trailer owner and the insurer within 1 month, with substantial portions to be kept in fixed deposits for the widow, minor children, and elderly parents of the deceased.
