Maharashtra tribunal awards Rs 44.4 lakh compensation to kin of loco pilot killed in road accident

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The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 44.4 lakh to the family of a loco pilot killed in a road accident in 2013.

A motorcycle had hit the victim, Om Prakash Shrivastav (then aged 49), when he was crossing a road, following which he died.

MACT member HM Bhosale, in his order on September 22, directed the owner of the motorcycle and its rider to jointly and severally make the payment to the claimants along with an interest of eight per cent per annum from the date of filing of the petition.

The claimants' counsel, S M Pawar, told the tribunal that on April 9, 2013, Shrivastav was walking towards his home by the side of the road in Badlapur area here in Maharashtra.

When he was crossing the road opposite a shop in Sanewadi, the speeding motorcycle hit him. Shrivastav suffered injuries died 10 days later while undergoing treatment at a hospital in neighbouring Mumbai.

The petitioners- deceased's wife, son and daughter - informed the tribunal that the deceased, who worked as a loco pilot with the Railways, earned a salary of Rs 78,062 per month and the family was dependent on him.

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The petitioners prayed that Rs one lakh or a just and fair compensation along with an interest at 18 per cent per annum may be paid to them.

The two respondents did not not appear and the case was decided ex-parte against them.

The tribunal said the question for consideration is "whether a court can grant compensation more than claimed in the petition".

It said the theory of not awarding compensation more than the amount claimed underwent a sea change with a Supreme Court judgement in which the apex court held there is "no restriction that the compensation could be awarded only up to the amount claimed".

The tribunal ordered the respondents to pay a compensation of Rs 42,75,206 towards loss of dependency, Rs 16,500 each towards loss of estate and funeral expenses, Rs 44,000 towards spousal consortium and Rs 88,000 towards parental consortium.

It also directed that once realised, the amount shall be apportioned equally among the petitioners along with proportionate interest.

The tribunal also directed the respondents to pay Rs 2,000 towards the cost of the petition to the claimants, besides the compensation amount.

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