On Tuesday, the Motor Accident Claims Tribunal (MACT) directed the owner and insurer of a mini-bus to jointly and severally pay Rs. 30.11 lakh as compensation to the family of an IT consultant who died after being struck by a reversing bus in 2020. Presiding Officer R.V. Mohite held that the fatal accident occurred solely due to the “negligence of the offending bus driver” and concluded that the vehicle’s insurer could not evade liability, as the driver possessed a valid licence to operate the category of vehicle involved.
The case stemmed from an accident that took place in August 2020. The deceased, Dinesh Yashwant Khot, an IT consultant, was waiting at a bus stop when a bus, after passing by, “took it in reverse direction in speed and rash and negligent manner without looking behind and suddenly dashed into the deceased.” The impact caused Khot to fall, and one of the rear wheels ran over him, leading to his death before reaching the hospital. His wife and two children subsequently filed a claim petition before the Tribunal, seeking compensation for loss of life, dependency, and consortium.
The Insurer contested the claim, alleging a breach of policy conditions. It contended that the bus driver held a Light Motor Vehicle (LMV) licence but was driving a transport/heavy vehicle, thereby rendering the insurer not liable. The insurer maintained that a separate endorsement was required to authorise the driver to operate a transport vehicle.
The Claimants, however, argued that the bus fell within the LMV category under the Motor Vehicles Act, 1988, as its unladen weight did not exceed the statutory limit of 7,500 kg, and hence, there was no breach of licence or policy conditions.
Rejecting the insurer’s contention, the Tribunal provided a detailed interpretation of the Motor Vehicles Act, observing that “the definition of Light Motor Vehicle read with Section 10(2)(d) makes it clear that Light Motor Vehicle is also a transport vehicle, the gross vehicle weight or unladen weight of which does not exceed 7,500 kg.” Clarifying the scope of driving authorisation, the Tribunal held, “It means no separate endorsement on the licence is required to drive a transport vehicle of Light Motor Vehicle Class.”
Upon examining the vehicle’s registration certificate, the Tribunal noted that the unladen weight of the bus was 6,128 kg, which brought it squarely within the LMV Transport Class. It therefore concluded that there was “no willful breach of terms and conditions of the insurance policy.”
Finding the driver solely negligent and the insurer jointly liable, the Tribunal directed the bus owner and insurer to jointly and severally pay ₹30.11 lakh to the claimants, along with 9% annual interest from the date of filing of the petition until realization. The Tribunal also directed that a substantial portion of the compensation be invested in fixed deposits to safeguard the long-term financial security of the deceased’s dependents.
Source PTI
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