Kin of dead tex­tile de­signer to get ` 20L com­pen­sa­tion

Hindustan Times ST (Mumbai) - HT Navi Mumbai Live - - NAVI MUMBAI - HT Cor­re­spon­dent ht­tlet­ters@hin­dus­tan­times.com

THANE: 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.

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