The Motor Accident Claims Tribunal (MACT) in Thane has awarded ₹8 lakh in compensation to Deepa Ramkrishnan, who sustained serious injuries in a road accident in 2006.
The tribunal, presided over by Chairman S.B. Agrawal, held both the tempo owner and the insurance company jointly and severally liable for the amount.
Details of the Incident
On February 25, 2006, while riding pillion on a motorcycle in Navi Mumbai, Ramkrishnan was involved in a collision with a tempo. The accident resulted in grievous injuries, including an open fracture to her right hand and wrist, necessitating multiple hospitalizations and surgeries.
Although the police registered an offense against the motorcycle rider, the tribunal acknowledged the petitioner’s claim of composite negligence. It was argued that the tempo driver had suddenly applied the brakes, causing the motorcycle to crash into the tempo. The tribunal concurred, stating that both drivers contributed to the accident, thereby making the tempo owner and insurer liable for compensation.
Legal Significance
This ruling underscores the principle of composite negligence in motor accident cases, where multiple parties may be held accountable for an incident. The tribunal’s decision to hold both the tempo owner and the insurance company jointly liable reflects a comprehensive approach to ensuring victims receive due compensation.
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