The Thane Motor Accident Claims Tribunal (MACT) has awarded Rs 42.27 lakh to the family of Sanjay Wilson Tode, a 32-year-old supervisor killed in a road accident on November 30, 2019, on Ghodbunder Road. The verdict, delivered by MACT member KP Shrikhande on July 25, holds the truck owner and insurer jointly liable, with the insurer permitted to recover the amount from the owner due to a policy breach.
Tode, employed at a private firm, was riding his motorcycle when a truck struck him, leading to his death. The petition, filed under Section 166 of the Motor Vehicle Act, 1988, by Tode’s kin, claimed the truck driver’s rash and negligent driving caused the fatal crash. Advocate PN Jadhav, representing the petitioners, cited an FIR registered against the driver under Section 304A of the Indian Penal Code (causing death by negligence) and provisions of the Motor Vehicle Act, which MACT upheld as evidence of reckless driving.
The truck owner’s advocate, VP Kadam, and the insurer’s advocate, AK Tiwari, contested the negligence claims, but Shrikhande ruled against them. The tribunal noted a breach in the insurance policy, as the driver, licensed only for light motor vehicles, was operating a heavy truck. The compensation includes Rs 40.47 lakh for loss of dependency, Rs 1.5 lakh for loss of estate, and Rs 30,000 for funeral expenses and loss of consortium, based on Tode’s monthly income of Rs 20,000 and future earning potential.
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This ruling aligns with recent MACT trends in Thane, where high compensations reflect rising judicial emphasis on fair redressal. In 2024, Thane MACT awarded Rs 1.14 crore for a 2017 accident and Rs 35 lakh for a 2020 case, factoring in victims’ incomes and inflation. The tribunal’s decision underscores the legal accountability of vehicle owners and insurers, while highlighting persistent road safety issues on busy corridors like Ghodbunder Road, where 12 fatal accidents were reported in 2024 alone.
The insurer, likely to appeal the recovery clause, must pay the family within two months, failing which interest at 7.5% per annum will apply from the petition’s filing date. The verdict brings closure to Tode’s family, who described him as their sole breadwinner, while reinforcing the need for stricter enforcement of driving license regulations to prevent such tragedies.
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