In what appears to be a rare case, the Motor Vehicle Accidents Tribunal (MACT), South Goa, has granted a compensation of Rs 36,26,556 lakh to the family of a youth from Sindhudurg who died in an accident involving a Kadamba Transport Corporation bus at Matvem-Dabolim.The accident occurred on March 15, 2012 when the KTC bus driven by one, Baburao Naik, knocked down Arjun Tilo Padloskar, who was riding his motorycle and proceeding from Vasco to Cortalim. Padloskar was killed on the spot.
While the Judicial Magistrate First Class acquitted the KTC driver, who is the respondent in the matter along with KTC, Presiding officer Sherin G Paul of MACT awarded the compensation, observing that there is no dispute to the fact that the bus was driven by the aforementioned driver and that the respondent no 2 -- KTC -- is the owner of the bus.
The Padloskar family had claimed that the KTC bus was being driven in a rash and negligent manner and while overtaking a car, had knocked down the deceased which resulted in his death on the spot. The KTC bus later hit an electric pole and a tree thereafter. The collision was such that the pole broke due to the impact.
The MACT upheld the contention of the claimants that the bus was driven in a rash and negligent manner due to the very nature of the accident. The Tribunal also relied on the statement of an eyewitness, one Yuvraj Volvoikar, who corroborated that the KTC bus was driven at a very high speed.
While the Padloskar family put forth a claim of Rs 38 lakh, the MACT decided on certain parameters to grant Rs 36.26 lakh to the claimants, by relying on earlier judgements of the judiciary.
The fact that the deceased was working as a Pointsman with the Konkan Railway Corporation and was drawing a salary of Rs 15,939, as also the fact that he was just 26 years of age at the time of his death, decided on arriving at the figure of Rs 36.26 lakh.
Factoring in all this, the MACT passed the following order which entitled the claimants a compensation of Rs 36.26 lakh with interest at the rate of 9% per annum from the date of petition till realisation. “The respondents are directed to pay jointly and severally, to the claimants the amount awarded. The amount, if any, paid under Section 140 of the Motor Vehicles Act is to be deducted from this amount,” stated the operative part of the judgement.
