District Motor Accident Claims Tribunal (MACT) has directed an insurance company and owner of a tanker to pay nearly Rs 56,000 as compensation to state-run Maharashtra State Road Transport Corporation (MSRTC) for damaging a bus in an accident in 2007.
MACT member R S Patil (Bhosle) in a recent order directed the respondents--owner of the vehicle in question and the insurance firm to make the payment along with interest to MSRTC.
The state-run transporter in its claim told the tribunal that one of its buses, belonging to Nashik depot, was hit by the tanker in April 2007 due to which it incurred losses and hence, should be compensated.
The mishap took palce on the Mumbai-Agra Highway in Igatpuri taluka when the tanker, being driven in a rash manner, dashed the bus from the right side.
The bus suffered excessive damage in the accident due to which it was grounded for several days.
Claimant's petition stated that at the time of accident, the ST bus was earning Rs 748 per day and after the accident it could not ply for eight days. They demanded a sum of nearly Rs 61,000 for money incurred on repair work and loss of business.
The respondent, owner of the tanker--Shri Carriers did not appear to contest the case. Hence, it was decided ex-parte against him.
Apprearing for Oriental Insurance, its counsel contested the claim, saying the mishap occurred due to the sole negligence of MSRTC driver.
"All documents (relating to repairs) are maintained by government corporation during regular course of business. I do not find reason to disbelieve mentioned evidence of applicant. Hence, applicant has proved that the bus involved in accident sustained damage of Rs 55,673 due to accident," the tribunal observed.
It, however, noted that loss of business will not be compensated as under relevant sections of M V Act, applicant is entitled for only damages to property and not for loss of business.
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