Thane MACT member Rupali V Mohite, in the order on November 20, directed the truck's insurance company to pay the compensation initially, but granted the insurer the right to recover the full amount from the vehicle owner, citing a proven breach of policy conditions
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The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 25 lakh to the family of a man who died after being hit by a container truck in 2019, reported news agency PTI.
Thane MACT member Rupali V Mohite, in the order on November 20, directed the truck's insurance company to pay the compensation initially, but granted the insurer the right to recover the full amount from the vehicle owner, citing a proven breach of policy conditions, reported PTI.
A copy of the order was made available on Monday.
The victim, Md Muslim Shabbir Shaikh (then aged 34), who worked in a private company, was walking along the Mahape-Shilfata Road in Maharashtra's Thane district on June 11, 2019, when a container truck allegedly speeding at a "high and uncontrollable" pace hit him from behind, reported PTI.
He suffered severe crush injuries and died six days later. His parents and two unmarried sisters, natives of Gonda in Uttar Pradesh, filed a claim seeking Rs 15 lakh.
The Thane MACT held the incident occurred due to the rash and negligent driving of the truck driver, who had the "last opportunity to avoid the accident" but failed to control the vehicle.
While the driver's licence and the truck's fitness certificate were valid, the police established that the vehicle was operating in Maharashtra without a valid national permit. An RTO Ajmer report confirmed the truck's earlier permit was cancelled in 2015 and was valid only within Rajasthan, reported PTI.
Quoting legal precedents, the tribunal observed that insurers must first satisfy awards in favour of third parties and may later recover the amount from the vehicle owner if a breach of policy terms is proven.
The tribunal awarded the compensation of Rs 25,03,900 along with 9 per cent annual interest from August 7, 2019.
It ordered payments of Rs 6 lakh to the victim's father, Rs 9,03,900 to the mother, and Rs 5 lakh each to the two sisters.
Thane MACT awards compensation of Rs 54 lakh to man injured in 2018 road accident
The Motor Accident Claims Tribunal (MACT) in Thane ordered compensation of Rs 54 lakh to a man who sustained serious injuries in a 2018 road accident, reported PTI.
Rajendra Digambar Jamdar (55) was injured on May 23 that year after he fell from the motorcycle on which he was riding pillion while it was trying to avoid a collision with an autorickshaw at Ovla Naka, reported PTI.
At the time of the accident, Jamdar was a sales manager with an automobile dealership and was drawing a salary of Rs 41,000, reported PTI.
In her order of November 20, details of which were made available on Sunday, MACT member Rupali Mohite ordered compensation of Rs 54,59,930, including Rs 29,49,492 towards loss of future income.
(With inputs from PTI)
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