Pune: The Motor Accident Claims Tribunal (MACT) has granted Rs 20.81 lakh, along with 7% annual interest from the date of filing of claim petition, to the family of a 32-year-old pedestrian who died after being struck by an autorickshaw in 2015. The tribunal concluded that the accident occurred due to the rash and negligent driving of the autorickshaw driver, who was operating the vehicle without a valid driving licence.The victim, Dinesh Tawade, was crossing the road at Sane Chowk in Chikhali on July 26, 2015, when the autorickshaw hit him, leaving him with severe injuries. He died on Aug 9, 2015. An FIR was registered at the Nigdi police station under IPC sections 279 (rash or negligent driving) and 338 (causing grievous hurt), along with relevant provisions of the Motor Vehicles Act. Tawade’s wife, minor daughter and parents filed the claim before MACT in April 2022.The insurance firm contested the delay in filing of the claim and also argued contributory negligence on the part of the pedestrian, pointing out policy breaches and stating that the autorickshaw driver lacked a valid licence and the vehicle too did not have a proper permit.After reviewing the evidence, the tribunal rejected the argument of pedestrian negligence. Citing the chargesheet and supporting material, it held that the accident resulted from negligent driving.For compensation calculation, the tribunal assessed the victim’s monthly income at Rs 9,000, added 40% for future prospects, deducted one-fourth towards personal expenses and applied a multiplier of 16 based on his age. It also granted amounts for medical expenses, loss of consortium, funeral costs and loss of estate, bringing the total to Rs 20.81 lakh.The tribunal noted a breach of policy conditions, but directed the insurer to pay the compensation to the claimants first and then recover the amount from the vehicle owner under the “pay and recover” principle.
