Thane MACT member RV Mohite, in the order passed on March 7, directed the insurer of the offending motor trailer to pay the compensation to the claimants first and then recover the amount from the vehicle owner
Representational Image
The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 31.65 lakh to the family of a vegetable vendor who died in a road accident in 2017, reported news agency PTI.
Thane MACT member RV Mohite, in the order passed on March 7, directed the insurer of the offending motor trailer to pay the compensation to the claimants first and then recover the amount from the vehicle owner, reported PTI.
Victim killed while heading to Vashi market in 2017
According to the claimants, the victim, Rizwan Asgar Ali Devjani (then aged 28), was heading on his motorcycle towards Vashi market in Navi Mumbai on September 22, 2017, when a motor trailer driven at "exorbitant speed" hit him from behind while attempting to overtake near Shibli Nagar, reported PTI.
The impact caused Devjani to fall under the wheels of another passing container. He was later taken to a hospital where doctors declared him dead, said the claimants, comprising the deceased's wife, five children and parents.
Trailer owner absent; case decided ex parte
The trailer owner, a private logistics firm, did not appear before the tribunal and the matter was decided ex parte against it.
The insurance company contested the claim, alleging that the insurance policy produced by the claimants was "fake and fabricated" and that no premium had been received for the offending vehicle, reported PTI.
Tribunal rules insurer must compensate third party
However, the tribunal observed that while the premium might not have been deposited, a policy with a cover note had been issued, making the claimant a protected "third party".
Citing various court rulings, the Thane MACT said the insurance company is to satisfy the award in favour of the third party first and then recover the amount from the owner or driver of the vehicle, where the insurer could establish breach of policy terms on the latter's part, reported PTI.
Compensation includes 9% interest, fixed deposits for family
Based on an assessed monthly income of Rs 12,000, the tribunal awarded a compensation of Rs 31.65 lakh to the deceased's family along with 9 per cent interest per annum from the date of the petition (December 2017).
It also ordered specific portions of the amount to be placed in fixed deposits for the children and wife of the deceased to ensure their long-term financial security.
(With inputs from PTI)
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
