Tribunal orders ₹49.46 lakh compensation for motorcyclist's death

The tribunal in the order on August 2 noted the accident was a result of contributory negligence, assigning 75 per cent blame on the offending truck driver and 25 per cent to the deceased motorcyclist

The Motor Accident Claims Tribunal (MACT) in Thane has awarded 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, presided over by member RV Mohite, in the order on August 2 noted the accident was a result of contributory negligence, assigning 75 per cent blame on the offending truck driver and 25 per cent to the deceased motorcyclist. 

 

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

According to the petition, Gulvi was riding his motorcycle on January 11, 2019, on Ghodbunder Road in Maharashtra's Thane city where he attempted to overtake a bus from the right near a bus stop.

The bus driver allegedly applied sudden brakes, causing the motorcycle to collide with it and the rider to fall.

Subsequently, a truck coming from behind ran over the motorbike rider's head, leading to his death.

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

 

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

The tribunal absolved the bus driver of any negligence, saying there was nothing on record to show he suddenly applied brakes to stop the vehicle at the bus stop.

It observed that both the deceased and the truck driver failed to maintain a safe distance from vehicles in front of them, leading to the accident.

"As proper distance was neither maintained by the deceased nor by the driver of the offending truck, then whole negligence is on the part of rear vehicles, i.e, of the deceased and of the driver of offending vehicle in regard to the occurrence of the accident," the MACT said. 

 

It also noted the truck was moving at an excessive speed at the time of the accident.

Based on the analysis, the tribunal assessed the negligence of the truck driver at 75 per cent and that of the deceased at 25 per cent.

The MACT calculated the total compensation as Rs 65,94,700, including loss of future income, future prospects and non-pecuniary damages. After applying the 25 per cent deduction for the deceased's contributory negligence, the final award was set at Rs 49,46,025.

The tribunal directed the truck owner and its insurer to jointly and severally pay the amount to the claimants with an annual interest of 9 per cent from the date of the petition.