Thane, Jul 21 (PTI) A Motor Accident Claims Tribunal in Thane has directed MSRTC to pay Rs 18.62 lakh as compensation to the family of a 62-year-old man who died after his scooter was hit by a state-run bus in 2022, noting that the accident occurred due to the “rash and sole negligent driving”.
A copy of the order, passed by MACT Member R. V. Mohite on July 18, was received on Monday.
The tribunal directed the Maharashtra State Road Transport Corporation to pay Rs 18,61,972, with interest at nine per cent per annum from the date of filing of the claim petition until the deposit of the amount within one month.
The claim petition was filed by the widow and two children of deceased Ramesh Ghag. Advocate S. L. Mane appeared for the claimants, while advocate H. P. Patil represented the MSRTC.
Ghag sustained grievous injuries after the accident on the Kinhavali-Titwala road in Murbad on November 26, 2022. He underwent treatment at hospitals in Murbad, Dombivli and Mumbai before succumbing to his injuries on December 10, 2022.
The MSRTC denied negligence and alleged the deceased had attempted to overtake another vehicle from the wrong side, making him equally responsible for the accident.
Rejecting the contention, the tribunal observed that although the bus driver was charge-sheeted, neither he nor the corporation had challenged the FIR or complained of false prosecution.
“The opponent has not examined any independent eyewitness or passenger travelling in the S.T. bus at the time of alleged accident,” the tribunal said.
It further observed, “The driver of offending S.T. Bus was the person having last opportunity to avoid accident. There is nothing on record to show any contributory negligence on the part of the deceased in the alleged accident.” The MACT noted that the “accident took place due to rash and sole negligent driving of the driver of the offending bus”.
While computing compensation, the tribunal rejected the family’s claim that the deceased earned Rs 40,000 per month as a carpenter-cum-businessman for want of documentary proof and assessed his notional monthly income at Rs 16,000. PTI COR NSK
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