Kin of dead textile designer to get ` 20L compensation
A motor accident claims tribunal (MACT) has awarded compensation of around Rs20 lakh to the family of a youth who died after being hit by a rashly-driven truck in 2014.
On March 3 last year, Kishore Deekonda, 25, was on his motorcycle with a friend on the pillion seat. They were going towards Sasmira Textile Centre at Bhiwandi to attend classes in textile design. When the bike was passing through the Kalyan toll plaza at Vanjarpatti Road, a speeding truck hit the bike from behind. Deekonda fell and died on the spot.
His family members blamed the truck driver whose negligence had caused the accident. As the youth died on the spot, the family said they were eligible for compensation. Deekonda earned Rs16,000 a month as salary. He is survived by his father, mother and wife.
The owner of the truck did not appear in court nor did he make any submission, so the matter was decided ex-parte against him. The United India Insurance Company contested the claim and said the deceased was responsible for the accident and that the claim should be dismissed. The company also said the deceased was driving the vehicle at excessive speed and came in front of the truck, which resulted in an accident.
MACT member and district judge KD Vadane said the truck owner, Mahendrasingh Pritamsingh of Ahmedabad, and the insurance company were jointly responsible for the payment of the compensation along with interest at the rate of 8% till the realization of the amount from the date of application.
The judge said, “The spot panchnama shows that blood stains were found on the left rear wheel of the truck and the motorcycle was found one foot away from the truck’s rear left wheel. It is clear that the impact between the truck and the motorcycle took place near the truck’s left rear wheel. No circumstance from the contents of the spot panchnama reveals that a truck dashed against the rear of the motorcycle.”
Due to contributory negligence, however, the claimants will get only 75% of the eligible amount, which works out to Rs19,81,500, the tribunal said.