MACT orders Rs 10.17 L compensation to accident victim's kin

The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 10.17 lakh to the kin of a vegetable vendor from Murbad town, who was killed in a road accident in March, 2010.
MACT member and district judge K D Vadane in his order last week directed Lakhbir Singh, a tempo driver, and Bajaj Alliance General Insurance Company to jointly pay Rs 10.17 lakh to the wife and four children of deceased Gangadhar Vitthal Shivade, a vegetable vendor from Tokawade village.
The claimants in the case were the victim's wife Vijaya Gangadhar Shivade (53), and children Jitendra Gangadhar Shivade (30), Haresh Gangadhar Shivade (26), Arun Gangadhar Shivade (22) and Chitra Gangadhar Shivade (20).

On March 18, 2010, Gangadhar Vitthal Shivade was travelling in a public tempo from Otur to Kalyan, the victim's family members informed the tribunal.
The tempo driver lost control over the vehicle and the vehicle turned turtle near Malshej Ghat, in which Shivade, who was carrying vegetables with him, sustained multiple injuries and died.
The appellants said the accident occurred due to negligence on the part of tempo driver Lakhbir Singh, and a case was subsequently registered against him at Tokawade police station.

Bajaj Alliance General Insurance Company contested the claim citing that the victim was travelling in the tempo as a passenger and that the tempo was occupied in excess of its permitted capacity.

The insurer argued that it was a case of breach of the insurance policy terms and conditions and requested dismissal of the application.
The judge, however, observed that the FIR stated that Lakhbir Singh oversped and drove rashly, because of which the mishap occurred.
From the accident site panchnama, it was established that the driver failed to exercise caution, as it is required while driving in mountaineous region, the judge said, adding that the accident took place due to sole negligence on his part.
He further stated that the insurance company had not examined any eyewitness of the accident and failed to prove that the tempo was filled beyond its permitted seating capacity at the time of the incident.

In an ex parte judgment, since Lakhbir Singh was absent during the hearing, the judge ordered that the two respondents collectively pay Rs 1 lakh to each of the deceased's children, deposit Rs 3 lakh in a fixed deposit (FD) on the name of his wife, and pay the remaining sum of compensation to the wife as well, along with an interest of 8 per cent.