Pune: Motor Accident Claims Tribunal (MACT) has directed the owners of a car and a truck and the insurer of the two vehicles to jointly and severally pay Rs40.74-lakh compensation to the parents of a 28-year-old HR deputy manager who died in a road accident on the Hadapsar–Saswad road around 10pm on April 23, 2018.
The deceased was riding his motorcycle towards Saswad when a car allegedly hit his vehicle from behind near Wadki Nala. Due to the impact, he fell on the road and was subsequently run over by a goods truck. He died on the spot. An FIR was registered against the drivers of both vehicles.
In its order dated Feb 26, the tribunal held the car driver 70% (Rs28.52L) responsible for the accident and the truck driver 30% (Rs12.22L) responsible. It directed the vehicle owners and their insurer to pay the compensation with interest at 7% per annum from the date of filing of the claim petition.
During the proceedings, the insurer contended that the deceased was negligent, claiming he did not possess a valid driving licence and was not wearing a helmet at the time of the accident. It also argued that the truck did not have a valid permit and that the parents had received benefits under the Employees' State Insurance (ESI) scheme.
The tribunal rejected these defences, observing that there was no evidence to show that the deceased had suddenly come in front of the car. It held that the car driver failed to observe the road situation ahead and hit the motorcycle from behind. The tribunal further noted that the truck driver failed to maintain a speed that would have allowed him to stop the vehicle after the rider fell on the road. It also held that compensation received under the ESI scheme could not be deducted, observing that such benefits arose from contributions made from the deceased's salary. The opponents have been directed to deposit the amount within two months.
The deceased was riding his motorcycle towards Saswad when a car allegedly hit his vehicle from behind near Wadki Nala. He fell on the road and was subsequently run over by a truck
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