MACT member RV Mohite, in an order dated March 25, directed the motorcycle’s owner and the Thane-based insurer to pay the compensation jointly and severally to the claimants, along with 9 per cent annual interest from the date of the petition
The motorbike owner did not appear before the tribunal, and the case was decided ex parte against him. Representational pic
The Motor Accident Claims Tribunal (MACT) in Thane district of Maharashtra awarded Rs 64.75 lakh in compensation to the family of a Pune businessman who lost his life in a 2022 road accident.
MACT member RV Mohite, in an order dated March 25, directed the motorcycle’s owner and the Thane-based insurer to pay the compensation jointly and severally to the claimants, along with 9 per cent annual interest from the date of the petition, the PTI reported.
The motorbike owner did not appear before the tribunal, and the case was decided ex parte against him.
The victim, Yuvraj Bhagawan Jagtap, then aged 42, ran an automobile servicing business in Pune. On November 24, 2022, he was crossing the road near Chikhali in Maharashtra's Pune district when a speeding motorcycle struck him, PTI reported.
He sustained severe head injuries and succumbed on December 13, 2022, according to the claimants, who included his wife, two sons, and parents.
Family calculated damages over 2.19 crore
While the family had originally calculated damages at over Rs 2.19 crore, they restricted their claim to Rs 1 lakh in the petition due to financial constraints. The tribunal, however, assessed and awarded a higher "just compensation."
The insurance company contested the claim, alleging the deceased was negligent and that the motorcyclist did not possess a valid driving licence. However, the tribunal rejected these contentions.
The victim was walking on the road with proper care and caution when the motorcycle, moving at high speed, failed to observe traffic conditions and collided with him, the MACT noted, referring to the police investigation and eyewitness accounts.
This demonstrated "rash and negligent driving" on the part of the motorcycle rider. There is nothing on record to suggest any contributory negligence on the part of the deceased, the tribunal added. It also confirmed that the offending vehicle's rider held a valid driving licence at the time of the accident.
Tribunal estimates Jagtap’s notional income at Rs 35,000 per month
The tribunal assessed Jagtap's notional income at Rs 35,000 per month while determining the compensation amount. The total award of Rs 64.75 lakh includes components for loss of future income, prospects, and medical expenses.
The tribunal further ordered that a significant portion of the compensation be placed in fixed deposits in the names of the deceased's wife and two children to secure their future.
(With PTI inputs)
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