Tribunal awards Rs 23.92 lakh compensation to parents of worker's death in ladder fall

Thane, Dec 3 The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 23.92 lakh to the parents of a worker who died after falling from a hydraulic ladder van while repairing electric wires on a road here in 2019.

MACT Presiding Officer Rupali V. Mohite, in the order passed on November 27, held the vehicle owner solely negligent, observing that "breaking of the ladder joint shows that the offending ladder van was not in proper working condition", and the accident occurred due to this lapse.

The accident occurred on April 19, 2019, when the victim, Sayed Sahil Abbas Shahenshah Husain and co-worker Mehtab Shaikh were repairing electric wires from a 20 to 22-foot-high lifting bucket attached to the ladder van in the Rabodi area of Maharashtra's Thane city.

During the work, the ladder joint suddenly snapped, causing both men to fall. Husain suffered severe head injuries and was taken first to Thane Civil Hospital and later shifted to MGM Hospital, Vashi, where he died on April 21, 2019.

The Rabodi police registered a case against the contractor.

The vehicle's insurer contested the claim, alleging breach of policy conditions and arguing that the proper forum was the labour court. It also claimed the vehicle driver lacked a valid licence and that safety measures were not followed.

However, the tribunal dismissed these defences, noting the insurer "has not examined any witness or produced any documentary evidence" to prove breach of policy.

The police had not prosecuted the driver under the Motor Vehicles Act for driving without a licence. A safety belt was found in the lifting bucket, contradicting claims of negligence by the deceased.

The tribunal held that no contributory negligence was established and that the deceased was a third party, fully covered under the insurance policy.

"It was the duty of the opponent being the owner of the offending vehicle to supply the ladder van in good condition," it said.

"Breaking of the ladder joint shows that the offending ladder van was not in proper working condition. Thus, the accident took place due to the negligence of opponent no.1 (the vehicle owner)," the MACT said.

With no proof of income, the tribunal fixed Husain's notional monthly income at Rs 15,000 while awarding a compensation of Rs 23,92,700 along with an interest at 9 per cent per annum to his parents.

It held both the vehicle's owner and insurer jointly and severally liable to pay the compensation.

As per the order, out of the total amount, Rs 10 lakh with interest is to be given to Husain's father and Rs 13,92,700 with interest to his mother.