Thane, March 8 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 who died in a road accident nearly 16 years ago.
The insurance company of the offending truck had contested the claim, arguing that the petition was filed in 2020 for the accident in 2010, and was therefore time-barred. It also alleged that the tanker driver was negligent for hitting the truck from behind.
However, MACT member R V Mohite, in the order passed on March 5, dismissed these arguments.
Citing precedents from the Supreme Court, the tribunal noted that the 2019 amendment to the Motor Vehicles Act (which imposed a six-month limit for filing claims) does not have a retrospective effect on accidents that occurred before April 2022.
The incident occurred on April 18, 2010, when Firoz Siddik Ahamad Shaikh (alias Khan) was driving a chemical tanker towards Jhansi.
A truck ahead applied brakes abruptly without any signal near Kalamb village in Shahapur on the Mumbai-Agra highway in Thane district, Maharashtra. The tanker collided with the truck, causing the hazardous cargo to ignite. Shaikh sustained burn injuries and died on the same day.
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 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.