Thane, April 3 The Motor Accident Claims Tribunal (MACT) in Thane district of Maharashtra has awarded a compensation of ₹44.13 lakh to the family of a 46-year-old man who died after a JCB crane crashed into a motorcycle in 2020.
Tribunal member R V Mohite directed the crane owner and the insurer, New India Assurance Co. Ltd., to jointly and severally pay the compensation with 9 per cent interest per annum from the date of the petition.
A copy of the order passed on March 24 was made available on Friday.
The accident occurred on February 5, 2020, when the victim, Prabhakar Bajrangi Sharma, was riding as a pillion on a motorcycle, and a speeding JCB crane first hit a pedestrian and then collided with the two-wheeler, causing his death.
Sharma, who was employed as an assistant manager in an automobile firm, sustained serious injuries and died during treatment at a hospital in Navi Mumbai.
The vehicle owner and the insurance company contended before the tribunal that the motorcyclist was negligent. However, the tribunal rejected these claims, citing a lack of evidence.
"The evidence on record shows that the operator of the offending vehicle (crane) was driving it in a rash and negligent manner," the tribunal stated, noting that there was no evidence to show any contributory act on the part of the deceased.
The insurance company attempted to avoid liability by claiming that the crane operator did not have a valid license for the vehicle. The tribunal dismissed this technicality, noting that the unladen weight of the JCB was 7,460 kg, which falls under the Light Motor Vehicle (LMV) category.
The tribunal awarded ₹44.13 lakh compensation to the deceased man's wife and three sons.