A Motor Accident Claims Tribunal (MACT) in this district of Maharashtra has awarded a compensation of Rs 12.80 lakhs with 8 per cent interest to the family of a priest from Mharal of Kalyan, who died in a road accident way back in October 2017.
The member of the MACT and District Judge RN Rokade directed the opponent insurance company to make the payment first and recover it later from the owner of the lorry, Sudhakar Kondaji Khilari, of Junnar in Pune against whom the order is passed ex-parte as he did not not appear in the tribunal despite notices.
The applicants in the claim were Varsha Uday Joshi, 30, Triyambakesh Uday Joshi, 23, and Yadnesh Uday Joshi, 8 both students and children of the deceased Uday Joshi, then 32.
The claimants told the tribunal that on the fateful day October 7, 2017 at about 0030 hrs, the priest was proceeding on his motorcycle on the Kalyan to Murbad road, and in the limits of the village Varap the offending lorry came from opposite direction and collided on the motorcycle as a result of which he fell
down sustained multiple injuries and died on the spot.
They also stated that the accident occurred due to the sole negligence lorry’s driver and a crime was registered
against the driver of the lorry at Kalyan Taluka police station.
The victim used to earn Rs 15,000/per month and the applicants were totally dependent on his salary.
Hence, the claim was filed for award of compensation for loss of dependency and under other traditional heads.
Adv Arvind K Tiwari, appearing for the insurer United India Insurance Co. Ltd, contested the claim itself on various grounds which were accepted the tribunal while awarding the compensation.
The counsel mainly pointed out that the driver of the lorry did not not have a valid licence which was violation of the contract itself and hence the insurance company was not liable to pay any compensation.
The tribunal further ordered the opponent owner of the lorry and insurance company, to jointly and severally pay a sum of Rs 12,79,600/ to the applicants with 8% interest from the date of application.
