Pune: A Motor Accident Claims Tribunal (MACT) in the city has directed the owner of a tipper truck and the insurer to jointly and severally pay Rs 56.28 lakh compensation to the widow of Deepak Bhattarai (39), the head chef with a hospitality firm, who died in an accident on Sept 9, 2024, after being hit by the heavy vehicle driven on the wrong side of the road near Golf Club junction in Yerawada. MACT member BD Kulkarni on Feb 26 also imposed a 7% p.a. interest on the compensation payout from the date of filing of the claim petition on Sept 27, 2024, till actual realisation of payment. The tribunal directed the vehicle owner and the insurer to deposit Rs56.28 lakh with its account within two months from the date of order. “On such deposit, the amount shall be paid to the applicant (victim’s widow) through bank transaction,” the order sated. Advocate Atul Gunjal, who represented the petitioner, told TOI, “The Yerwada police have filed a parallel criminal case against the tipper truck driver on charges of rash and negligent driving causing death and have filed a charge sheet against the driver. The case is pending before the court.”The tribunal proceeded ex parte against the vehicle owner while the insurance company had filed a written submission contesting the claim on the grounds that it was not liable to pay the compensation as the tipper truck was being driven in breach of policy condition. The company claimed that the driver did not possess a valid driving licence and the vehicle had no valid permit and fitness certificate. The tribunal, however, referred to evidence and noted, “The driving licence of the tipper driver, namely Bhima Kattimani, shows that he had a driving licence issued by the RTO Karnataka to drive a transport vehicle, and it was issued on Dec 3, 2021 and valid until Dec 2, 2026. On perusal of the permit and fitness certificate of the offending vehicle, it possessed a permit and fitness certificate on the date of the accident.““Therefore, there is no substance in the opponent’s (insurer) plea that there was a breach of the terms and conditions of the policy by opponent no. 1 (tipper owner) concerning the driving licence of the tipper driver. Therefore, opponent nos. 1 and 2, jointly and severally, are liable to pay the compensation with interest @ 7% per annum to the applicant from the date of application until the realisation of the full amount,” the tribunal said. Based on the spot panchanama and charge sheet, the tribunal held the truck driver solely negligent, observing that the deceased was travelling on his correct side.
