Mumbai, Jan 17: The Mumbai Motor Accident Claims Tribunal (MACT) has directed the Maharashtra State Road Transport Corporation (MSRTC) to pay compensation of Rs 17,41,500 along with 9 per cent interest
from 2019 to the family of a 48-year-old man who lost his life in a road accident at Dharavi.
Dependents held entitled
The compensation has been awarded to the deceased’s wife, 20-year-old daughter and three-year-old son, who were held to be dependent on his income.
Bus driver held negligent
The tribunal held that the accident occurred solely due to the rash and negligent driving of the MSRTC bus driver, rejecting the corporation’s defence that the deceased was allegedly under the influence of alcohol at the time of the incident.
Claim of intoxication rejected
MSRTC had strongly opposed the claim petition, contending that the deceased, Mahesh Daulatram Sharma, was intoxicated at the time of the accident. However, the tribunal dismissed the argument, noting that no blood test report was produced on record to substantiate the claim.
No contributory negligence
The tribunal further observed that Sharma was not driving the motorcycle but was a pillion rider, and therefore there was no question of contributory negligence on his part.
“As the deceased Mahesh was a pillion rider, there is no question of any contributory negligence on his part. Not wearing a helmet may attract an offence under the Motor Vehicles Act, 1988, but cannot be said to lead to contributory negligence,” the tribunal held.
Reliance on FIR
The tribunal also relied on the FIR registered against the bus driver, stating, “Taking into consideration that an FIR is filed against driver Parashram of the MSRTC bus and no writ petition is filed for quashing of the said FIR, there is no reason for the police to file a false complaint against the driver.”
Accordingly, the tribunal concluded that the accident occurred due to the rash and negligent driving of driver Parashram Demanna Metkar of the MSRTC bus.
Details of the accident
The case pertains to an accident that took place on March 9, 2019, at around 10.45 pm, on the Sion–Bandra Link Road near Discovery Bar, Dharavi.
As per the claim petition, the motorcycle was being ridden at a slow and moderate speed on the left side of the road while following traffic rules. An MSRTC bus coming from behind at high speed allegedly rammed into the motorcycle.
Victim declared dead at hospital
Due to the impact, both riders fell on the road and Mahesh Sharma came under the left tyre of the state transport bus. He was rushed to Sion Hospital, where doctors declared him dead before admission.
An FIR was registered at Dharavi Police Station under Sections 279 and 304-A of the Indian Penal Code against the bus driver.
Cause of death established
While MSRTC argued that the death was not directly linked to the accident, the tribunal rejected the contention after examining the Inquest Panchanama and Post-Mortem Report, which recorded the death as an “unnatural death”.
The tribunal noted that MSRTC had not challenged the authenticity of either document and failed to discredit the testimony of the deceased’s wife regarding the cause of death.
“Accordingly, it is held that on March 9, 2019, Mahesh Daulatram Sharma died in a motor accident,” the tribunal ruled.
Compensation assessed
At the time of the accident, Sharma was working as a salesman with Shree Enterprises, earning approximately Rs 17,000 per month. He was 48 years old.
The claimants had sought Rs 40 lakh compensation with 12 per cent interest. However, after assessing income, age, dependency and applicable legal principles, the tribunal awarded total compensation of Rs 17,41,500 with 9 per cent annual interest from 2019 until realisation.
Also Watch:
Amount to be deposited
The MSRTC, being the owner of the offending vehicle, has been directed to deposit the amount accordingly.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
