The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 23.81 lakh to the parents of an engineering student who was killed in a road accident in 2018. In a recent order, a copy of which was made available on Saturday, MACT Chairman Abhay J Mantri ordered the offending vehicle’s owner and insurer to jointly and severally make the payment to the claimants with seven percent interest from the date of filing of the claim.
The amount ordered by the tribunal includes 40 percent compensation for the loss of future prospects.
Advocate Sambaji T Kadam, appearing for the claimants – Kishore T Pansare (44) and Mangal Kishore Pansare (40) – told the tribunal that on August 31, 2018, the couple’s son Yash Kishor Pansare, then aged 18 and doing a diploma in mechanical engineering, was riding pillion on a scooter along with a friend.
When they reached Khairne in neighboring Navi Mumbai town of Maharashtra, a speeding trailer truck hit their two-wheeler from behind. The student fell and the trailer ran over him. The student died on the spot.
His parents submitted before the tribunal that due to the death of their son, they are deprived of his future income, and sought a compensation of Rs 14.71 lakh from the opponents.
The trailer’s owner did not appear before the tribunal, hence the order was passed ex-parte against him, while the vehicle’s insurer contested the claim.
The MACT chairman in his order noted that the student had secured over 75 percent marks in two semesters of his diploma course, which clearly showed that he had a bright future. Besides, the observations clearly showed that if he had a technical or a professional qualification, then the court has to consider his notional minimum income of Rs 15,000 per month.
Therefore, the applicants are entitled to an additional 40 percent compensation towards future prospects, as the deceased was below the age of 40 years, the MACT said in its order. Hence, the tribunal ordered that the student’s parents be given a compensation of Rs 16.20 lakh for the loss of dependency/income, 40 percent of this amount, or Rs 6.48 lakh, towards future prospects, Rs 33,000 for the loss of estate, and funeral expenses and Rs 80,000 towards loss of filial consortium.
