The family of a tanker driver killed in a 2010 road accident in Thane has been awarded ₹24.05 lakh in compensation after a lengthy legal battle, with the Motor Accident Claims Tribunal dismissing the insurance company's time-bar claim.
Key Points
- MACT awards ₹24.05 lakh compensation to the family of a tanker driver killed in a 2010 road accident.
- Insurance company's claim that the compensation petition was time-barred was dismissed by the tribunal.
- The tribunal cited Supreme Court precedents regarding the retrospective effect of the 2019 amendment to the Motor Vehicles Act.
- The compensation includes amounts for loss of dependency, consortium, estate, and funeral expenses.
- The truck owner and insurer are jointly and severally liable to pay the compensation with 9% interest from the petition date.
The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 24.05 lakh to the family of a 26-year-old tanker driver killed in a road accident nearly 16 years ago.
The offending truck's insurance company had contested the claim, arguing that the petition was filed in 2020 for the accident in 2010 and was thus barred by limitation. It also alleged negligence on the tanker driver's part for hitting the truck from behind.
However, MACT member R V Mohite, in the order passed on March 5, dismissed these contentions. Citing Supreme Court precedents, the tribunal noted that the 2019 amendment to the Motor Vehicles Act (imposing a six-month limit for filing claims) does not have a retrospective effect on accidents occurring before April 2022.
Details of the Accident
The incident dates back to April 18, 2010, when Firoz Siddik Ahamad Shaikh (alias Khan) was driving a chemical tanker towards Jhansi.
A truck ahead applied brakes abruptly without any signal near Kalamb village at Shahapur on the Mumbai-Agra highway in Maharashtra's Thane district. The tanker rammed into the truck, causing the hazardous cargo to ignite. Shaikh sustained burn injuries and died the same day.
Compensation Details
The tribunal assessed Shaikh's notional income at Rs 12,000 per month and added 40 per cent for future prospects while awarding a compensation of Rs 24,05,800, including for the loss of dependency, consortium, estate and funeral expenses.
It directed the owner of the truck and its insurer to pay the amount jointly and severally to the claimants with 9 per cent interest per annum from the date of the petition (2020).
The compensation will be divided between Shaikh's wife and mother, with portions of the amount to be kept in fixed deposits, as per the order.
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