Thane tribunal awards Rs 44.4 lakh compensation to kin of man killed in accident

The Thane Motor Accident Claims Tribunal MACT has awarded a compensation of Rs 444 lakh to the family of a loco pilot killed in a road accident in 2013A motorcycle had hit the victim Om Prakash Shrivastav then aged 49 when he was crossing a road following which he diedMACT member HM Bhosale in his order on September 22 directed the owner of the motorcycle and its rider to jointly and severally make the payment to the claimants along with an interest of eight per cent per annum from the date of filing of the petitionThe claimants counsel S M Pawar told the tribunal that on April 9 2013 Shrivastav was walking towards his home by the side of the road in Badlapur area here in MaharashtraWhen he was crossing the road opposite a shop in Sanewadi the speeding motorcycle hit him Shrivastav suffered injuries died 10 days later while undergoing treatment at a hospital in neighbouring MumbaiThe petitioners deceaseds wife son and daughter informed the tribunal that the deceased who worked as a loco pilot with the Railways earned a salary of Rs 78062 per month and the family was dependent on himAlso Read Thane 27 builders booked for fabricating documents to obtain RERA registrationThe petitioners prayed that Rs one lakh or a just and fair compensation along with an interest at 18 per cent per annum may be paid to themThe two respondents did not not appear and the case was decided exparte against themThe tribunal said the question for consideration is whether a court can grant compensation more than claimed in the petitionIt said the theory of not awarding compensation more than the amount claimed underwent a sea change with a Supreme Court judgement in which the apex court held there is no restriction that the compensation could be awarded only up to the amount claimedThe tribunal ordered the respondents to pay a compensation of Rs 4275206 towards loss of dependency Rs 16500 each towards loss of estate and funeral expenses Rs 44000 towards spousal consortium and Rs 88000 towards parental consortiumIt also directed that once realised the amount shall be apportioned equally among the petitioners along with proportionate interestThe tribunal also directed the respondents to pay Rs 2000 towards the cost of the petition to the claimants besides the compensation amountThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever