Thane MACT awards Rs 33.9 lakh compensation to kin of motorcyclist killed in 2021 accident

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The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has granted a compensation of Rs 33.9 lakh to the family of a 40-year-old man killed in a motorcycle accident in 2021, reported news agency PTI.

Tempo driver held solely responsible for crash

Thane MACT member R V Mohite held the driver of a tempo, who crashed into the victim's motorcycle, solely responsible for the accident and ordered the owner and insurer of the vehicle to jointly and severally pay the compensation, along with the interest of 9 per cent per annum from the date of filing of the petition till realisation, reported PTI.

A copy of the order passed on March 20 was made available on Friday.

Fatal accident occurred on Kalyan-Murbad Road

The victim, Hemant Krushnakant Vedpathak, an employee of a private firm, was killed in an accident on June 3, 2021, on the Kalyan-Murbad Road, reported PTI.

The tribunal noted that Vedpathak was riding his motorcycle when a tempo driven in a rash and negligent manner dashed into the two-wheeler, causing fatal injuries to the victim.

No contributory negligence by victim, says tribunal

"The offending tempo came from the opposite direction at high speed, in a rash and negligent manner, left its lane and went towards the wrong side and dashed into the motorcycle of the deceased," it said.

It held that the tempo driver was the person who had the last opportunity to avoid the accident, and pointed out that there was nothing on record to show any contributory act on the part of the deceased, reported PTI.

Insurer liable; Rs 23.9 lakh to wife, Rs 10 lakh to daughter

The tribunal also rejected the insurer's contention regarding breach of policy condition, stating, "From evidence on record, it is proved that the driver of the offending vehicle was holding a valid and effective driving licence as well as a valid fitness certificate and permit to ply the vehicle. There is no breach of the terms and conditions of the policy."

Out of the total compensation of Rs 33.9 lakh, the tribunal awarded Rs 23.9 lakh to the victim's wife and Rs 10 lakh to his minor daughter, with a portion of the amount to be kept in fixed deposits as per directions.

(With inputs from PTI)