The Motor Accident Claims Tribunal (MACT) in Thane district of Maharashtra has dismissed a Rs 50 lakh compensation claim filed by the family of a 32-year-old dock worker who died in a crane accident in 2019, reported the PTI.
The tribunal ruled that the victim had entered a restricted area without safety gear, contributing to the fatal incident.
MACT member K P Shrikhande observed that although the death of Kiran Lahanu Korade was tragic, the family failed to establish rash or negligent operation by the crane driver, the news agency reported.
The order, passed on April 8 and released on Monday, stated that the claim lacked sufficient evidence to hold the operator responsible.
Incident occurred in restricted zone
According to the PTI, the tribunal noted that the accident took place at a container freight station (CFS) in Dronagiri, Uran, within a designated “no man’s zone”.
Korade, employed as a dock clerk, was found to have entered a prohibited area at the facility operated by Seabird Marine Services Pvt. Ltd. when the accident occurred on 3 May 2019.
Safety warnings ignored
According to the tribunal, the deceased had ignored clear safety instructions, including a warning sign on the crane advising individuals to maintain a distance of at least 10 metres, as per the PTI.
It also noted that crane operators are typically focused on lifting and stacking heavy containers at height, making it difficult to notice unauthorised persons on the ground.
Insurance company not liable
The tribunal further ruled that New India Assurance Co. Ltd. was not liable to pay compensation due to a breach of policy conditions, reported the PTI.
It was found that the crane driver did not possess the required authorisation on his driving licence, invalidating the insurance claim.
The court acknowledged that the premises owner had already paid Rs 31 lakh to the victim’s wife as a full and final settlement.
However, it clarified that such a settlement does not prevent a claimant from seeking statutory compensation. Despite this, the absence of negligence led the tribunal to declare the petition unmaintainable, the news agency reported.
(with PTI inputs)
0 Comments