The tribunal directed the insurer, Bajaj Allianz General Insurance Co. Ltd., to pay the compensation first, with the liberty to recover the amount from the owner of the tempo involved in the accident, due to a breach of insurance conditions
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The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation of Rs 39.3 lakh to the family of a 38-year-old civic worker killed in an accident in 2018.
The tribunal directed the insurer, Bajaj Allianz General Insurance Co. Ltd., to pay the compensation first, with the liberty to recover the amount from the owner of the tempo involved in the accident, due to a breach of insurance conditions.
A copy of the order, passed by member R V Mohite on July 16, was made available on Saturday.
Sunil Tukaram Dalvi, a 38-year-old sweeper with the Thane Municipal Corporation, was killed when a speeding tempo hit his motorcycle on December 27, 2018. His family, including his wife, two sons and parents, filed the claim under Section 166 of the Motor Vehicles Act, seeking compensation.
The insurance company opposed the claim, arguing that Dalvi was not wearing a helmet at the time of the accident, the tempo driver did not have a valid licence and there was no proper documentation for the vehicle.
However, the tribunal found that the vehicle had a valid permit and fitness certificate at the time of the accident, but the driver did not have a valid driving licence.
The police had filed a chargesheet against the tempo driver, and no evidence showed negligence on Dalvi's part.
The tribunal noted that the driver and owner did not contest the criminal case or appear as witnesses. It concluded that the accident was solely due to the rash and negligent driving of the tempo operator.
The tribunal ordered Bajaj Allianz and the tempo owner, Gupta Trading Co., to jointly and severally pay Rs 39.32 lakh, with 9 per cent annual interest from the date of the petition until realisation. The insurer has been allowed to recover the amount from the vehicle owner through execution proceedings.
Thane MACT awards Rs 34 lakh compensation to two victims of 2019 accident
In another case, the Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a collective compensation of Rs 34 lakh to two victims of a 2019 accident involving a state transport bus.
One victim died, while the other sustained serious injuries in the accident in Lonavala, which, the tribunal stated, had occurred due to the bus driver's negligence.
Copies of the orders passed on July 15 were made available on Friday.
Presiding officer R V Mohite passed orders on separate petitions filed under Section 166 of the Motor Vehicles Act.
(With inputs from PTI)
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