Thane: The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 52.65 lakh to the family of a tempo driver who died in a fatal road accident in January 2022. The tribunal also ruled that the family is entitled to 9% annual interest on the compensation amount from the date of filing the petition until the payment is deposited, citing precedents set by the Supreme Court and the Bombay High Court.
Accident Details
According to the detailed order, the deceased, Mohammed Azam Karimullah (36), was driving his tempo on the Nashik–Mumbai Highway near Anjur-Dive village, Thane, on January 16, 2022, when a speeding car coming from the wrong side rammed into his vehicle. Karimullah, who was driving at a slow and moderate speed while following traffic rules, died on the spot due to grievous injuries.
The Narpoli police registered an FIR under Sections 279 and 304(A) of the IPC and Section 184 of the Motor Vehicles Act against the car driver and later filed a charge sheet, holding him responsible for rash and negligent driving.
Losses and Tribunal Calculation
The tribunal noted that Karimullah was self-employed in the transport business and earned Rs 40,000–Rs 50,000 per month. His family, comprising seven dependents, suffered both pecuniary and non-pecuniary losses due to his untimely death.
Quoting the order, the tribunal applied the principles laid down in landmark judgments: “As per the Sarla Verma case, 1/5th of Karimullah’s income, amounting to Rs 60,000, was deducted towards personal expenses, fixing his annual contribution to the family at Rs 2.4 lakh. Considering his age, the tribunal applied a multiplier of 15, calculating the loss of future earnings at Rs 36 lakh. Following the Pranay Sethi ruling, an additional 40% (Rs 14.4 lakh) was added for future prospects as he was self-employed and below 40 years of age. The family was further awarded Rs 44,000 towards loss of consortium, Rs 16,500 each towards funeral expenses and loss of estate, Rs 20,000 each for mental shock, love and affection, and Rs 8,000 for transportation of the body.”
The tribunal’s total compensation calculation came to Rs 52,65,000.
Insurance Company Argument Dismissed
During the proceedings, the insurance company argued that the driver of the offending car did not possess a valid driving licence at the time of the accident, claiming it was a willful breach of the insurance policy’s terms and sought dismissal of the petition against it. However, the tribunal held the negligent car driver liable for the accident and ordered the compensation in favour of the deceased’s family.
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