Judge K P Shrikhande passed the order in connection with the accident that occurred in 2003, directing the insurance firm and the owners of a truck and motorcycle involved to pay the compensation with 9 per cent interest per annum effective from March 2024
Representational Image
The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation of Rs 5 lakh to the family of a woman killed in a motorcycle accident 23 years ago, reported news agency PTI.
Judge K P Shrikhande passed the order in connection with the accident that occurred in 2003, directing the owners of a truck and motorcycle involved to pay the compensation with 9 per cent interest per annum effective from March 2024, noting that the petitioners had not prosecuted the case with "due diligence", leading to significant delays, reported PTI.
A copy of the order dated March 5 was made available on Monday. The petition by the 24-year-old victim's mother and sister was formally registered in 2020.
The victim, Serena M. Pereira, was riding pillion on a motorcycle on the Mumbai-Ahmedabad highway at Kashimira on September 18, 2003, when a speeding truck collided with the two-wheeler, causing Serena to fall and come under the wheels of the heavy vehicle. She died on the spot, reported PTI.
The victim, who worked as a tutor, earned Rs 3,300 per month.
While the petitioners alleged that the motorcycle was "sandwiched" between a Thane Municipal Transport (TMT) bus and the truck, the Tribunal dismissed the claim against the transport authority, reported PTI.
The judge further observed that the petitioner's version of the bus abruptly braking appeared to be "the imagination of the petitioner", as it contradicted police reports, reported PTI.
The court held the truck owner and the motorcycle owner's legal heir jointly liable, dismissing the petition against the TMT.
Tribunal awards Rs 24 lakh compensation to kin of tanker driver killed in 2010 accident
In another case, 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, reported PTI.
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, reported PTI.
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.
The incident dates back to April 18, 2010, when Firoz Siddik Ahamad Shaikh (alias Khan) was driving a chemical tanker towards Jhansi, reported PTI.
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, reported PTI.
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.
(With inputs from PTI)
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
