MACT grants ₹2.38 crore to family of Pune businessman killed in expressway crash in 2019

Pune: A Motor Accident Claims Tribunal (MACT) in the city has granted compensation of Rs2.38 crore to the family of a local businessman, who died following the collision of the SUV he was in and a truck on the Mumbai-Pune expressway in 2019.The tribunal held that the accident occurred due to the composite negligence of both the SUV driver and truck driver. Holding that both drivers were equally responsible, the tribunal apportioned negligence at 50% each between the SUV and truck drivers and directed the owners and insurers of both vehicles to jointly satisfy the award.MACT member DP Ragit passed the order on June 1 in a claim petition claiming Rs4.25cr, filed by the widow, two minor sons and mother of victim Anil Dnyanoba Kamble, who died during treatment after suffering injuries in the accident. Kamble used to run a gym along with a security agency.According to the tribunal’s order, Kamble (33) was travelling towards Mumbai with friends in an SUV on Feb 25, 2019. The accident occurred near the Patalganga river bridge in Raigad district, when the SUV collided with a container truck on the expressway. Kamble, who was seated in the front passenger seat, suffered serious head and arm injuries. He later died in a hospital on March 4, 2019.The tribunal noted that police had chargesheeted the SUV driver for offences under the Indian Penal Code (IPC) and the Motor Vehicles Act. However, after examining the evidence, including the testimony of an injured occupant of the vehicle, the SUV driver and the investigating officer, it concluded that both drivers contributed to the accident.The order recorded that the container truck was allegedly moving in the lane designated for heavy vehicles and suddenly shifted into the adjoining lane without giving an indicator, while the SUV was travelling at a high speed. The tribunal observed that the SUV driver was unable to control the vehicle after the lane change and collided with the rear portion of the truck.While determining compensation, the tribunal considered Kamble’s income from his security services business, Star Security & Bouncer, and a gym business he operated. Relying on income tax records produced before it, the tribunal assessed his annual net income at Rs27.55 lakh, and added future prospects in accordance with Supreme Court guidelines.The tribunal awarded Rs 2,31,49,800 towards loss of dependency, apart from amounts under medical expenses, consortium, loss of estate and funeral expenses, taking the total compensation to Rs 2,38,77,800 with interest at 7% per annum from Aug 1, 2019, until realisation.