Truck owner to pay Rs 37L to family of deceased motorcyclist
A road accident compensation court has asked a truck owner and an insurance company to pay Rs. 37 lakhs to the family of a 29-year-old man who died in an accident after his motorcycle struck a truck parked overnight on a road without parking indicators.
On February 11, 2018, victim Shrikant Alegaonkar, who worked as a site supervisor in a private hotel company, was returning home to Goregaon at around 3:50 a.m. on his Bajaj Pulsar. His vehicle collided with a stationary truck parked in front of the Chincholi fire center, New Link Road, Malad. He suffered serious head injuries and was taken to hospital. He died six days later.
Alegaonkar’s parents, his sister, his wife and a one-year-old child (through his grandfather) had approached the court for compensation in the same year.
The insurance company New India Assurance Pvt. Ltd. claimed that the deceased was partially responsible for the accident as he was driving at high speed and therefore could not avoid the accident. If found guilty of contributory negligence, the amount of compensation will be deducted.
Tribunal member SB Munde stated in his order that while the insurance company’s argument sounds very interesting, he found no substance in the charge. “It is not disputed that the offending vehicle (truck) was stationary at the time of the accident and did not have the parking lights on or that there was an indicator showing that the vehicle was parked. ‘stop.”
Member Munde further explained that it was common sense that anyone passing by on the road could not identify or see the stationary vehicle which is parked without parking lights or indicators etc. The court declared that the insurer had therefore established no contributory negligence. of the deceased in the incident. The court ruled that the accident had occurred due to the reckless and negligent driving of the offending vehicle by its driver. She indicated that the owner of the truck and his insurer are therefore jointly or separately required to pay compensation to the parents of the deceased.
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Posted on: Monday October 25, 2021 6:47 am IST