The MSRTC contested the claim, arguing that Pal was riding rashly and attempted to overtake the bus from the left, causing the accident. However, the tribunal found no supporting evidence for this version.
Thane: The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 33.77 lakh to the family of a carpenter killed after an MSRTC bus collided with his motorcycle in 2019.
MACT member R V Mohite, in the order on August 26, said the Maharashtra State Road Transport Corporation (MSRTC) failed to prove any contributory negligence on part of the deceased.
A copy of the order was received on Tuesday.
The accident occurred on November 3, 2019 near Pimplas Phata on Nashik-Mumbai highway.
Carpenter Kanayyalal Shamlal Pal, then aged 38, was riding his motorcycle cautiously on the left side of the road when an MSRTC bus allegedly approached from behind at high speed and collided with his vehicle, his family claimed.
Pal died on the spot, the petitioners, comprising his wife, children and parents, said in the petition.
A case was then registered at Kongaon Police Station against the bus driver.
The tribunal examined multiple pieces of evidence, including FIRs, postmortem reports, spot panchanama (inspection) and witness testimonies.
The MSRTC contested the claim, arguing that Pal was riding rashly and attempted to overtake the bus from the left, causing the accident. However, the tribunal found no supporting evidence for this version.
“There is no evidence on record to show that driver of the offending ST bus tried to avoid the accident. Spot panchanama is not corroborating the version of driver of the ST bus,” it said.
There is nothing on record to show any contributory negligence on the part of motorcycle rider, the tribunal said.
It also noted inconsistencies in the bus driver’s testimony and the absence of brake marks at the accident site.
While the claimants initially sought Rs 50 lakh, the tribunal assessed the compensation based on the deceased’s notional income of Rs 16,000 per month, due to lack of documentary proof of higher earnings.
It awarded a compensation of Rs 33,77,000 along with an interest at 9 per cent per annum from the date of petition filing of the petition until the amount is deposited.
The tribunal directed MSRTC to deposit the compensation within one month.
Specific allocations were made for each claimant, with portions of the award to be invested in fixed deposits for their security and future needs.