Mumbai Tribunal Awards Rs 33.8 Lakh To Family Of Pune Man Killed In Truck Collision
The Mumbai Motor Accident Claims Tribunal (MACT) has awarded Rs 33.8 lakh in compensation to the family of Khandu Gajanan Kokare, a 43-year-old resident of Pune who was killed in a road accident in Daund taluka in October 2023.
The tribunal directed the truck owner and Liberty General Insurance Co. Ltd. to jointly and severally pay the compensation along with 7.5 per cent annual interest from the date the claim petition was filed until its realisation.
Kokare died on October 11, 2023, after a truck allegedly being driven rashly and negligently struck his motorcycle at Mandhare Mala in Girim village, located in Daund, Pune district. He sustained severe head injuries and was declared dead upon arrival at the hospital. Following the crash, Daund Police registered a criminal case against the truck driver.
Kokare's widow, twin infant sons, brother, and father filed a petition under Section 166 of the Motor Vehicles Act seeking compensation for his death. They informed the tribunal that Kokare worked in sheep rearing and manual labour, earning around Rs 25,000 per month as the family's sole breadwinner.
Liberty General Insurance contested the claim, arguing that Kokare was contributorily negligent and that the petition suffered from non-joinder of necessary parties as the motorcycle's owner, driver, and insurer were not impleaded. The insurer also disputed Kokare's income and the financial dependency of his family members.
The tribunal rejected these objections, ruling that police records, including the FIR, spot panchanama, and post-mortem report, consistently established the truck driver's responsibility for the crash. The tribunal noted that the insurer failed to produce evidence to support its defence or demonstrate any breach of policy terms.
In the absence of documentary proof of income, the tribunal assessed Kokare's notional monthly income at Rs 20,000. Applying the multiplier method specified by the Supreme Court and factoring in future prospects, the tribunal calculated the total compensation at Rs 33.8 lakh, covering loss of dependency, consortium, loss of estate, and funeral expenses.
