Man Killed in Maha Road Accident; Tribunal Asks His Car Owner Wife, Driver and Insurer to Pay Rs 29 Lakh Compensation to His Mother and Son

The Motor Accident Claims Tribunal (MACT) in Maharashtra’s Palghar district has awarded a compensation of Rs 29.12 lakh to the mother and son of a man killed in 2015 in an accident of a car registered in his wife’s name.

MACT member Dr Sudhiir M Deshpande, in the order passed on January 17, directed the car’s owner (deceased man’s wife), driver and insurer to jointly and severally make the payment to the claimants along with six per cent interest per annum from the date of filing of the claim.

A copy of the order was made available on Sunday.

The tribunal in its order noted that the since the owner of the car (involved in the accident) was the wife of the victim she would not be entitled to compensation herself.

The petitioners (the deceased’s mother and son) informed the MACT that on August 20, 2015, the man, then aged 50 and hailing from Palghar, was travelling in the car when its tyre burst in Bhayander area of neighbouring Thane. The vehicle turned turtle and the man was injured.

He died in a hospital on September 25, 2015 while undergoing treatment.

The petitioners also informed the MACT that the deceased earned an annual income of Rs 4 lakh from his business.

The wife of the deceased pleaded that in case the tribunal comes to the conclusion that the petitioners are entitled to any compensation either wholly or partly, the insurers are held to be liable under the indemnity.

The claimants in the petition were the deceased’s 83-year-old mother and 28-year-old son.

The opponents in the petition were the deceased’s wife, who was the owner of the offending vehicle, its driver and insurer.

While the deceased’s wife and the insurance company contested the claim, the car driver did not appear before the tribunal and the matter was decided ex-parte against him.

The tribunal in its order said in the present claim petition, the deceased’s mother, son and wife would have been the natural petitioners if the said car had been owned by any other third party.

In that case, all the three petitioners would have been entitled to seek compensation from the registered owner of the vehicle involved in the accident, it said.

“But, since the wife of the deceased herself is the registered owner of the said car, she loses her status as the petitioner. Because nobody can seek compensation from oneself. Therefore, the registered owner i.e. the wife may not be entitled to the compensation,” the tribunal said.

The mother and son of the deceased are his legal representatives and they have the right to seek compensation from the registered owner of the vehicle involved in the accident, it said.

The compensation amount awarded by the tribunal included Rs 21,77,500 for loss of income, Rs 5,44,375 towards future prospects, Rs 16,500 for loss of estate, Rs. 88,000 towards loss of filial consortium, Rs 16,500 towards funeral expenses, Rs 59,503 for medical bills and Rs 10,000 towards the cost of litigation.

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