This story is from February 8, 2016

Kin of man who got crushed under truck’s sand gets Rs 10 lakh

A widow and her child have been granted a compensation of around Rs 10 lakh by the Motor Accident Claims Tribunal (MACT) in Kalyan following the death of her husband in a freak accident in 2011
Kin of man who got crushed under truck’s sand gets Rs 10 lakh
THANE: A widow and her child have been granted a compensation of around Rs 10 lakh by the Motor Accident Claims Tribunal (MACT) in Kalyan following the death of her husband in a freak accident in 2011.
MACT member and district judge SB Gaidhani of Kalyan ordered that the owner of a tipper truck, Nandkumar Bhoir, and the insurer, Bajaj Allianz General Insurance Co Ltd, should jointly make the payment along with interest at 9% from the date of filing of the application.

The claimants—Alka Mukane (21) Dyaneshwar Mukane (2)—told the tribunal that the deceased Bhau Mukane worked as a labourer and earned a monthly salary of Rs 4,500. The family said that on February 22, 2011, around 11am, Bhau was travelling in the truck along with other labourers to Mhasa in Thane district. “The driver drove the vehicle rashly without following traffic rules. On a slope, he lost control and went into a ditch. Bhau was flung away and sand fell on his body due to which he sustained serious injuries to his vital organs and died on the spot,” Bhau’s family members mentioned in their claim. They lodged a claim of Rs 6 lakh following the death of the family’s sole-earning member. The truck owner did not appear in the case and the matter was decided ex-parte against him. The insurer contended that the deceased had occupied the vehicle illegally and hence the company was not liable to pay the compensation.
In his order, the judge wrote that the insurance company officer has deposed that the risk of any gratuitous and unauthorized passenger was not covered in the policy. “In his cross-examination, he has admitted that labourers are required for loading and unloading goods like bricks, sand and soft mud. He has also admitted that the policy covers driver, cleaner and three others,” the judge stated in his order. “The admission makes out that five people were covered by the policy. It is not the opponent’s case that there were excess people in the truck above the numbers, which are covered by the policy,” the order stated. The tribunal held that Bhau, who was an employee of the truck owner, was not an unauthorized passenger.
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