- Compensation of Rs 23.75 lakh awarded to family of delivery executive killed in road accident in 2021
- Truck driver had last opportunity to avoid accident and was found rash and negligent
- Victim, aged 33, died after truck hit his motorcycle on Mumbai-Nashik highway in 2021
The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 23.75 lakh to the family of a delivery executive who died after being mowed down by a truck here four years ago.
The driver of the offending truck had the "last opportunity" to avoid the accident. But its rear wheels "rolled over the waist and thigh of the dead," it observed.
"This shows rash and negligence of the driver as well as high speed of the offending vehicle," MACT member R V Mohite said in the order passed on Monday.
The victim, Hanif Shahid Qureshi, then aged 33, was going on his motorcycle towards Bhiwandi in Maharashtra's Thane district for a delivery on March 21, 2021.
A truck hit his two-wheeler from the rear side at Kharegaon in Kalwa area on Mumbai-Nashik highway. Qureshi suffered grievous injuries and died the next day at the Chhatrapati Shivaji Maharaj Hospital, Kalwa.
His wife and minor daughter approached the tribunal seeking compensation for his death.
The truck's owner remained ex-parte.
The tribunal rejected the truck insurer's contention of contributory negligence by the dead.
"The police did not find any negligent act on the part of the dead," it noted, adding the victim held a valid driving licence at the time of the accident.
The tribunal, however, found the truck driver was unlicensed at the time of the incident.
"Thus, there is a breach of terms and conditions of the insurance policy by the opponent owner of the truck," it observed.
The tribunal assessed the victim's notional monthly income at Rs 12,000 while awarding a compensation of Rs 23,75,400 lakh along with an interest at 9 per cent per annum from the date of petition till depositing of the amount.
The insurer must pay the award amount first and then recover it from the vehicle owner, the MACT order said.
Out of the total amount, Rs 11,75,400 is to be given to the victim's wife, Rs 9 lakh to his daughter and Rs 3 lakh to his father, it said.
Portions of the compensation for the widow and the minor daughter are to be kept in fixed deposits to ensure long-term financial security, as per the order.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
