Pune: Motor Accident Claims Tribunal (MACT) on Friday awarded Rs85.98 lakh with 7% annual interest to the husband and two minor children of a tuition teacher, who died at the age of 38 after a truck hit a two-wheeler on which she was a pillion on Jan 31, 2023.MACT member SR Agarwal held that the accident occurred because of the truck driver’s rash and negligent driving and made the truck owner and insurer jointly and severally liable for the compensation.Meena Girish Rathod was travelling towards Gunjan Chowk on a two-wheeler. The truck allegedly hit the vehicle from behind, causing her to fall under its front-right wheel. She suffered multiple injuries and remained in the ICU of a private hospital till she died during treatment on Feb 28, 2023.The respondents had contended that the two-wheeler rider was herself negligent and failed to maintain a safe distance. Rejecting the defence, the tribunal noted that the respondents had neither examined the truck driver nor produced an independent eyewitness to establish contributory negligence. It said there was also no explanation for the driver’s non-examination and drew an adverse inference against the respondents. The police investigation had also resulted in a chargesheet against the truck driver.For calculating compensation, the tribunal assessed Meena’s monthly income at Rs30,000, instead of the Rs 35,000-Rs 38,000 claimed by her husband. The tribunal awarded Rs50.4 lakh towards loss of dependency, after adding 40% for future prospects, deducting one-third towards personal expenses and applying a multiplier of 15. A significant component was Rs33.77 lakh towards medical and hospitalisation expenses. Of this, Rs20 lakh was paid under the medical insurance policy of the deceased and Rs 13.77 lakh by her family.The tribunal’s approach was consistent with a May 2026 Supreme Court ruling in New India Assurance Co Ltd vs Dolly Satish Gandhi, which held that medical insurance payouts cannot be deducted from compensation awarded under the Motor Vehicles Act, as the two entitlements arise from distinct statutory and contract sources.
