Thane MACT member R V Mohite, in the order passed on January 1, held that while the MSRTC bus driver was primarily responsible for the accident, the deceased also contributed to the collision
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The Motor Accident Claims Tribunal in Thane has directed the Maharashtra State Road Transport Corporation (MSRTC) to pay Rs 36.31 lakh in compensation to the family of a man who died following a collision between his motorbike and a bus in 2020, reported news agency PTI.
Thane MACT member R V Mohite, in the order passed on January 1, held that while the MSRTC bus driver was primarily responsible for the accident, the deceased also contributed to the collision, reported PTI.
Head-on collision on Kalyan-Murbad road in 2020
On December 9, 2020, Subhash Mahadu Shinde, then aged 44, was riding his motorcycle on the Kalyan-Murbad road when an ST bus coming from the opposite direction collided head-on with his two-wheeler, reported PTI.
Shinde sustained grievous injuries and succumbed during treatment on December 15, 2020.
Family approaches tribunal seeking compensation
His wife, two daughters, and elderly parents approached the tribunal for compensation, citing that Shinde was a permanent employee at a freight service company earning over Rs 26,000 per month.
MACT holds both drivers negligent
In determining the liability and the nature of the accident, MACT member Mohite said, “The accident was a head-on collision. So, I have no hesitation to hold that the alleged accident occurred due to the negligence of both drivers,” reported PTI.
“The negligence of the deceased is assessed to the extent of 20 per cent and the negligence of the driver of ST bus is assessed to the extent of 80 per cent for assessment of compensation,” the Thane MACT said, reported PTI.
Compensation reduced due to contributory negligence
It calculated the total pecuniary and non-pecuniary damages at Rs 45,39,579. After deducting 20 per cent for the deceased's contributory negligence, the final award was set at Rs 36,31,663, reported PTI.
MSRTC ordered to deposit amount with 9 per cent interest
The MSRTC has been directed to deposit the amount with 9 per cent interest per annum from the date of the petition (March 2021).
Tribunal orders fixed deposits for family’s financial security
The tribunal further ordered that a significant portion of the compensation for the deceased's wife and daughters be placed in fixed deposits for three years to ensure their long-term financial security.
(With inputs from PTI)
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