The Motor Accident Claims Tribunal has awarded approximately Rs 3.04 crore, including interest, to two Dadar boys whose parents died in a 2018 crash on the Mumbai-Pune Expressway, after holding their father 70% responsible for the collision and the truck driver 30% liable.
The boys, Sidak and Samarth Chugh, were aged four and seven respectively when the crash took place on December 23, 2018. Their mother, Sunjana Chugh, and father, Ankit Chugh, died after their WagonR collided with a truck near the expressway. The children were also injured in the accident.
The tribunal found that Ankit, who was driving the car, failed to maintain a safe distance and could not control the vehicle in time. It said photographs showing damage to the front half of the WagonR indicated that the car was being driven at high speed. The truck driver was held 30% responsible, with the tribunal noting that the heavily loaded goods vehicle could not brake suddenly.
The tribunal treated Sunjana differently because she was a passenger and not responsible for driving the vehicle. “As the deceased Sunjana was a passenger and not a driver, there is no question of contributory negligence on her part,” it said.
The family had filed two separate claims, one for each death, in April 2019. For Sunjana, a teacher, the tribunal awarded a principal compensation of Rs 92.53 lakh. For Ankit, who worked in a private firm, it assessed compensation at Rs 2.94 crore but deducted 70% for contributory negligence, leaving a principal amount of Rs 88.45 lakh. The combined principal compensation was Rs 1.80 crore.
Interest was awarded at 9% per annum from the filing date of April 9, 2019, until the decision on October 29, 2026. This amounted to approximately Rs 1.23 crore, taking the total award to about Rs 3.04 crore. The amount was significantly lower than the potential Rs 6.5 crore compensation that could have been payable had Ankit not been held partly responsible.
Sidak and Samarth will each receive 44.31% of the total settlement, while their paternal grandmother, Pooja Chugh, will receive 11.38%. A significant portion of the children’s shares will be placed in fixed deposits with a nationalised bank until they attain majority.
The tribunal rejected the claim of the boys’ paternal aunt, Snehariya Chugh, after finding that she was married and not financially dependent on either deceased person. The boys’ paternal grandfather died during the proceedings, after which Snehariya was brought on record as a legal heir.
New Panvel police had registered a case against an unknown truck driver under the Indian Penal Code and the Motor Vehicles Act. The truck driver, owner and employer company were proceeded against ex parte in August 2024. National Insurance Company, which insured the truck, had argued that Ankit was solely responsible for the crash. The tribunal directed the insurer to pay the compensation first and recover the amount from the truck owner because of a permit breach, stating that the insurer could not be completely relieved of its third-party liability.
