The Thane Motor Accident Claims Tribunal (MACT) has awarded Rs 23.9 lakh in compensation to the family of a pedestrian killed in a 2021 accident. The motorcycle's insurer was ordered to pay the sum, but can recover it from the vehicle owner due to a breach of policy terms
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The Motor Accident Claims Tribunal (MACT) in Thane, Maharashtra, has awarded Rs 23.9 lakh in compensation to the family of a pedestrian who tragically died in a road accident in 2021, reported news agency PTI.
MACT member R. V. Mohite held both the motorcycle owner involved in the accident and the vehicle’s insurer responsible for paying the compensation. A copy of the order, dated 22 July, was released on Saturday.
The tribunal instructed the insurer to pay the compensation initially and then reclaim the amount from the vehicle owner due to a breach of policy terms. The claimants in the case were the deceased man’s wife and daughters.
Advocate S. L. Mane, representing the claimants, informed the tribunal that the accident occurred on the night of 27 March 2021. The victim, Vasant Yashwant Patil (55), was standing at the side of Saphale Tandulwadi Road in Palghar when a motorcycle, allegedly driven at high speed in a rash and negligent manner, struck him. Mr Patil sadly succumbed to his injuries at the scene, according to PTI.
The Saphale police registered a First Information Report (FIR) under relevant sections of the Indian Penal Code (IPC) and the Motor Vehicles Act against the motorcycle rider. Mr Patil’s family stated that he worked in a fabrication business and had an annual income of Rs 4.5 lakh.
Shriram General Insurance Company Limited, the insurer, disputed the deceased’s age, occupation, and income. They further contended that the accident occurred due to Mr Patil’s own negligence and that the motorcycle rider did not possess a valid driving licence, thereby breaching the policy terms, reported PTI.
The motorcycle rider and owner, Vaishali Chandrakant Bhoir, did not appear in court.
The judge noted that the insurer had made no effort to examine the motorcycle rider to prove her non-involvement. He further observed that the motorcycle rider had not presented a driving licence to either the police or the court.
“There is no evidence on record to show that the driver of the offending motorcycle was holding a valid and effective driving licence at the time of the accident. Thus, it is clear that the opponent has committed a breach of the terms and conditions of the insurance policy,” the tribunal stated.
Due to insufficient substantive evidence to prove Mr Patil’s income, the tribunal determined a notional income of Rs 15,000 per month for the deceased. While the claimants provided corroborative evidence, the tribunal found it lacked substantive proof of income.
The tribunal ordered the opponents to pay Rs 23.9 lakh in compensation, along with 9 per cent interest per annum from the date the petition was filed until the full amount is deposited.
(With inputs from PTI)
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