Thane MACT orders ₹29.86 lakh compensation to family of road accident victim Dyaneshwar Gawade | FPJ
Mumbai: The Thane Motor Accident Claim Tribunal (MACT) has directed the Oriental Insurance Company Limited, along with a Nagpur-based company, to pay compensation of ₹29,86,000 to the family of a 21-year-old “Wellness Forever” employee who was killed in a road accident in 2020.
The Tribunal, in its order, held that the non-wearing of a helmet by the deceased could not, by any stretch of the imagination, be considered a factor contributing to the accident, thereby directing the two parties to compensate for the loss of life.
“At the outset, it would be apposite to mention that the entire police papers filed on record by the petitioner nowhere suggest any negligence on the part of the deceased. Merely because the petitioner has not filed the driving license of the deceased, it cannot be said that the deceased himself contributed to the accident. Furthermore, the non-wearing of a helmet cannot, by any stretch of the imagination, be considered a factor contributing to the accident. In such circumstances, since the negligence of the driver of the container—which is owned and insured by the respondents—is clearly established, they would be liable to compensate the petitioner,” reads the order copy.
Dyaneshwar Gawade (21) left his house on July 17, 2020, at about 6:30 p.m. to meet a friend on his motorcycle. While traveling through Dohale Village, a container owned by Velocity Logistics and driven in a rash, negligent manner at high speed, collided with the motorcycle. Gawade was severely injured in the accident and succumbed to his injuries immediately.
It was contended that the deceased was the sole earning member of his family, working at Wellness Forever Medicare Private Ltd., earning a salary of ₹22,036 per month. An offense related to the accident was registered against the driver of the container, and the respondents were deemed liable to pay compensation.
The parents of the deceased filed a claim against the vehicle’s owner and the insurance company. The two respondents opposed the claim, arguing that the deceased was responsible for the accident. They alleged that he was driving negligently without a license and that his failure to wear a helmet led to his fatal injuries.
The Tribunal, however, rejected their arguments and directed the respondents to pay compensation of ₹29,86,000. Of the total amount, the Tribunal ordered that ₹25 lakhs be deposited in a fixed deposit account in the name of the petitioner, Sarita Laxman Gawade (the deceased’s mother), at any nationalized bank for five years. She would be entitled to receive quarterly interest on the deposit. The remaining amount, along with accrued interest, was to be paid to Sarita via account payee cheque.
