Photo for representation
Pune: A Motor Accident Claims Tribunal (MACT) in Pune has awarded Rs59.45 lakh with 7% annual interest to the parents of a 29-year-old teacher who died of injuries sustained in a road accident in 2017, directing the insurer to first pay the compensation and recover it from the truck owner. Nilesh Shyamrao Kharat, a teacher at a junior college in Dehu, was travelling as a pillion rider on a motorcycle with his friend on April 29, 2017, when a truck allegedly being driven rashly and negligently hit the motorcycle near Jogeshwai temple. His friend died on the spot, while Nilesh succumbed to his injuries on May 9, 2017.
The tribunal held that the petitioners had established that the truck driver drove rashly and negligently and caused the accident. It noted that the insurer had denied the involvement of the truck and alleged composite negligence, but failed to produce evidence to substantiate its defence. The tribunal also found that the truck driver did not possess a valid driving licence on the date of the accident and that the vehicle did not have a valid permit. It held that this amounted to a breach of the insurance policy conditions by the vehicle owner.
MACT member S R Agrawal passed the order on Tuesday in a claim petition filed by the deceased’s parents.
the tribunal assessed Nilesh’s monthly income at Rs40,000, considering his BCom, MCom and BEd qualifications and his employment as a commerce teacher, while noting that he had not attained permanent or full-time status While calculating compensation. Of the compensation, 80% will go to his father and 10% each to his two sisters, with proportionate interest. You Can Also Check: Gold Rate in Pune | Silver Rate in Pune | Bank Holidays in Pune | Public Holidays in Pune | Petrol Price in Pune | Diesel Price in Pune | CNG Price in Pune | LPG Price in Pune Stay updated with the latest Pune news.
However, the tribunal said the dispute between the insurer and owner should not cause loss to the claimants. It directed the insurance company to deposit the compensation with interest, granting it liberty to recover the amount from the owner under the “pay and recover” principle. Download the TOI App.