Pune: A Motor Accident Claims Tribunal (MACT) held that contributory negligence cannot be attributed to a motorcyclist merely on the ground that he was not wearing a helmet and awarded Rs1.18cr compensation to the widow and mother of a tax consultant (32) run over by a cement mixer truck.MACT member S R Pawar, in an order passed on Tuesday, directed the truck owner and its insurer to jointly and severally pay Rs1.18cr with 7% annual interest from the date of institution of the claim petition till realisation.The tribunal in Pune rejected the compensation claim of the brother of the deceased, holding that he was not a Class-I heir and was not dependent on the deceased. It also held that the widow’s own income did not disentitle her from claiming compensation as the wife of the deceased.The accident occurred on Jambhulwadi-Shivajinagar Road on April 25, 2023, when the victim, Makrand Gopal Jinde, was going home on a motorcycle. According to the claimants, the cement mixer truck came from behind at a high speed in a rash and negligent manner, hit his motorcycle and ran over him. The driver stopped the truck some distance away and fled. Jinde died on the spot. A criminal case was subsequently registered against the truck driver on the complaint of a police constable.The truck owner and insurer disputed the allegation of negligence. The defence claimed that the truck was being driven at a slow and moderate speed, and Jinde had been riding the motorcycle rashly. He allegedly overtook the truck. It was also argued that he was riding without a licence and helmet, and was responsible for the accident.The tribunal rejected the plea of contributory negligence. It held that even if it was accepted that the deceased had not worn a helmet, contributory negligence could not be attributed to him.The tribunal noted that the truck was a much bigger vehicle than the motorcycle and its driver was expected to take “utmost precaution” while driving on the road. On considering the evidence, it held that the truck driver was negligent.The family of the deceased produced his income-tax returns for three assessment years and bank statements. The tribunal took the average of three years’ gross income and fixed his annual income at Rs7.82 lakh.
