In a detailed award addressing both liability and breach of policy conditions, the Motor Accident Claims Tribunal (MACT) has directed the insurer of a goods truck to pay ₹23.75 lakh to the wife, minor daughter, and father of a 33-year-old delivery executive who succumbed to injuries after being run over on the Mumbai–Nashik highway in 2021.
The tribunal, presided over by Member R.V. Mohite, found that the truck driver had the “last opportunity” to avoid the collision but instead drove in a manner where the vehicle’s rear wheels “rolled over the waist and thigh of the deceased,” demonstrating rashness, negligence, and excessive speed.
The case arose from a road accident in March 2021, when the victim, Hanif Shahid Qureshi, was en route to Bhiwandi for a delivery assignment. His two-wheeler was struck from behind by a truck, causing grievous injuries, and he succumbed to them the following day at Chhatrapati Shivaji Maharaj Hospital.
While dismissing the insurer’s allegation of contributory negligence, the tribunal observed that the police investigation revealed no fault on the part of the deceased, who was in possession of a valid driving licence at the time. Conversely, it found that the truck driver lacked a valid licence on the date of the accident, constituting a breach of the insurance policy conditions by the vehicle owner, who did not contest the proceedings.
Assessing the victim’s notional monthly income at ₹12,000, the tribunal quantified the compensation at ₹23,75,400, carrying interest at 9% per annum from the date of the claim petition until realisation. Invoking the “pay and recover” principle, it directed the insurer to discharge the award amount in the first instance, with liberty to recover the sum from the vehicle owner thereafter. The award apportions ₹11,75,400 to the widow, ₹9 lakh to the minor daughter, and ₹3 lakh to the father, with a portion of the widow’s and child’s shares to be secured in fixed deposits to safeguard their long-term financial stability.
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