Mumbai: Two Dadar-based minor boys left orphaned after a 2018 crash on the Mumbai-Pune Expressway claimed the lives of both their parents were awarded over Rs 3 crore in compensation and interest, a significant drop from the potential Rs 6.5 crore they could have got had their father, who was driving, not been held 70% liable for the collision.
The Motor Accident Claims Tribunal found that Ankit Chugh (34) failed to maintain a safe distance and could not control his speed in time to avoid the collision, and held him 70% responsible for the crash and the truck driver 30%.
However, in the case of Chugh’s wife Sunjana, also 34 at the time of the accident, the tribunal took a different stance: it held that she was a passenger in the WagonR and there was no contributory negligence in the accident. Her heirs got the full assessed compensation.
The final awarded amount will be distributed to the deceased couple Sunjana and Ankit Chugh’s two minor children, Sidak Chugh and Samarth Chugh, who were four and seven in 2018, and the children’s paternal grandmother, Pooja Chugh, now 64. The tribunal rejected the compensation claim made by Snehariya Chugh, the 43-year-old paternal aunt of the boys, ruling that she was married and not financially dependent on the couple.
Sidak and Samarth were also injured in the accident.
About Ankit’s role, the tribunal said: “Taking into consideration the damage caused to the front half of the WagonR as reflected from the photographs, it is clear that the car was being driven at high speed and therefore could not brake in time and rammed into the truck… It is also observed that the truck... was a heavy goods carriage vehicle which because of the heavy load cannot brake suddenly.”
About Sunjana, it said: “As the deceased Sunjana was a passenger and not a driver, there is no question of contributory negligence on her part.”
The family filed two separate claims, one for each of the deceased. The total compensation awarded encompasses the claims for both deceased individuals. For Sunjana, the tribunal awarded a principal amount of Rs 92.53 lakh. For Ankit, the tribunal calculated a base compensation of Rs 2.94 crore but deducted 70% due to contributory negligence, resulting in a final principal amount of Rs 88.45 lakh. The combined principal compensation for both claims is Rs 1.80 crore. The tribunal awarded interest at 9% per annum from the date of filing on April 9, 2019, to the date of decision on Oct 29, 2026, which was approximately Rs 1.23 crore in interest. The entire compensation, including the accumulated interest, totals approximately Rs 3.04 crore.
A significant portion of the funds allocated to the two minor sons will be kept in fixed deposits in a nationalised bank until the boys attain majority.
Out of the total awarded compensation, Pooja receives 11.38% of the settlement, while Sidak and Samarth are each awarded an equal share of 44.31%. They collectively receive 88.62% of the total amount.
The Chughs moved the tribunal in April 2019 and filed two separate claims, one for each death. On Dec 23, 2018, Ankit was driving a WagonR car with Sunjana and their two children at about 5:30 am. A truck driven by Bharat Kumar and owned by Punya Transportation, Collageroa from Banswara, Rajasthan, was alleged to have been driven at high speed and to have braked suddenly, after which the WagonR rammed into the truck. The family was dragged for about one kilometre. Ankit and Sunjana were taken to Rural Hospital, Panvel, where both were declared dead on arrival.
New Panvel police registered an FIR against an unknown driver of the truck for offences under the Indian Penal Code and the Motor Vehicles Act. The claims were filed by Pooja, along with the minor children and other legal heirs. During the proceedings, Bhupendersingh Chugh, father of Ankit and father-in-law of Sunjana, died, after which Snehariya was brought on record as legal heir, but the tribunal found that Snehariya was not dependent on either deceased person and was not entitled to compensation.
The driver, owner and employer company of the truck were proceeded against ex parte on Aug 23, 2024. National Insurance Co Ltd, which had insured the truck, contested liability and argued that Ankit, as the driver of the WagonR, was solely responsible.
For Ankit, who was working in a private firm, the tribunal accepted annual income of Rs 16.28 lakh. For Sunjana, a teacher, the tribunal accepted annual income of Rs 1.50 lakh.
The tribunal directed the insurer to pay first and recover from the truck owner due to the permit breach. The tribunal recorded, “The insurance company cannot be totally exonerated from its third party liability.”
