Thane MACT member RV Mohite, in the order passed on Tuesday, noted the accident occurred due to the sole negligence of the offending bus driver
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The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 30.11 lakh to the family of an IT consultant killed after being struck by a reversing bus in 2020, reported news agency PTI.
Thane MACT member RV Mohite, in the order passed on Tuesday, noted the accident occurred due to the sole negligence of the offending bus driver.
It held both the owner of the bus and its insurer jointly and severally liable to pay the compensation to the deceased's family.
The accident occurred on August 26, 2020, on the Nashik-Mumbai Highway near Naupada in Maharashtra's Thane city.
The victim, Dinesh Yashwant Khot, was standing at a bus stop when the driver of a bus drove past, then "took it in reverse direction in speed and rash and negligent manner without looking behind and suddenly dashed into the deceased," the claimants -- Khot's wife and two children -- told the Thane MACT, reported PTI.
The impact caused the deceased to fall, and the wheel of the bus ran over him, leading to his death before reaching the hospital, they said.
The vehicle's insurer contested the claim, arguing a breach of the insurance policy condition, contending that the bus driver possessed only an LMV (Light Motor Vehicle) license and was driving a mini-bus/heavy vehicle.
The tribunal rejected this contention based on a clear interpretation of the Motor Vehicles Act.
"The definition of Light Motor Vehicle read with section 10(2)(d) makes it clear that Light Motor Vehicle is also a transport vehicle, the gross vehicle weight or unladen weight of which does not exceed 7,500 kg," it said, reported PTI.
So once a licence is issued to drive a Light Motor Vehicle, it would also mean specific authorisation to drive a transport vehicle or Omnibus, the gross vehicle weight or motor car, road roller or tractor, the unladen weight of which does not exceed 7,500 kg, it noted.
"It means no separate endorsement on the licence is required to drive a transport vehicle of Light Motor Vehicle Class," the MACT said, reported PTI.
Given that the unladen weight of the offending bus was 6,128 kg (below 7,500 kg) and the driver held a license for LMV Transport Class, the tribunal concluded there was "no willful breach of terms and conditions of the insurance policy", reported PTI.
The opponents were directed to jointly and severally pay the amount along with 9 per cent interest per annum from the date of the petition. The award amount will be distributed among the claimants, with significant portions being invested in fixed deposits for their long-term financial security.
(With inputs from PTI)
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