Mumbai: The Motor Vehicle Accident Claims Tribunal (MACT), Thane, has directed New India Assurance Company and a car owner to jointly pay Rs 75 lakhs in compensation to the family of Sandesh Kusam, a 39-year-old Worli resident who tragically lost his life in a road accident in February 2020. The tribunal ruled that the accident was caused due to the negligent driving of the vehicle owner, Ravindra Worlikar, whose car was insured with the insurance company.
On February 22, 2020, Kusam was traveling with Worlikar on the Pune-Mumbai Express Highway when the car crashed into the tunnel wall due to rash and negligent driving, as confirmed by police records. The impact of the crash resulted in Kusam’s death.
Kusam’s family filed a case against both Worlikar and the insurance company, seeking compensation. The insurance company opposed the claim, arguing that Worlikar did not have a valid driving license at the time of the accident. However, they failed to provide sufficient evidence to support this claim.
The Tribunal, while rejecting the insurance company’s contention, stated that there was no proof that Worlikar was driving without a valid license or had violated the terms and conditions of the insurance policy. As a result, both the insurance company and the driver were found jointly liable to pay the compensation.
The Tribunal also took into account Kusam’s employment with HDB Financial Services and his monthly salary of Rs 40,711 at the time of his death. While determining the quantum of compensation, the court based its calculations on two primary factors: the last salary drawn by the deceased and his remaining working years.
The final compensation amount of Rs 76,30,000 was awarded to Kusam’s family. The court also ruled that the compensation should accrue interest at a rate of 7.5% per annum from the date of the petition in 2020 until the amount is fully realized.
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The Tribunal further specified that Rs 30 lakh from the compensation should be kept in a fixed deposit in the name of Kusam’s wife for five years, with quarterly interest payments. Additionally, Rs 20 lakh each should be set aside in fixed deposits for the couple’s two children until they reach adulthood, and Rs 5 lakh in a fixed deposit for Kusam’s mother for five years, also with quarterly interest payments.