Thane, Jul 27 (PTI) The Motor Accident Claims Tribunal (MACT) in Maharashtra’s Thane district has awarded a compensation of Rs 23.9 lakh to the family of a pedestrian killed in an accident in 2021.
MACT member R V Mohite held both the owner of a motorcycle involved in the accident and the vehicle’s insurer liable to pay the compensation.
A copy of the order dated July 22 was made available on Saturday.
The tribunal directed the insurer to pay the compensation first and then recover it from the vehicle owner due to a breach of policy terms.
The claimants included the deceased man’s wife and daughters.
Appearing for the claimants, advocate S L Mane informed the tribunal that the accident occurred on the night of March 27, 2021, when the victim, Vasant Yashwant Patil (55), was standing on the side of Saphale Tandulwadi Road in Palghar, and a motorcycle, allegedly driven at a high speed in a rash and negligent manner, dashed into him. Patil succumbed to his injuries on the spot.
The Saphale police registered a first information report (FIR) under relevant provisions of the Indian Penal Code (IPC) and the Motor Vehicles Act against the motorcycle rider.
His family claimed that Patil was working in a fabrication business and earned an annual income of Rs 4.5 lakh.
The insurer, Shriram General Insurance Company Limited, denied the deceased’s age, occupation, and income, further asserting that the accident occurred due to Patil’s negligence and that the motorcycle rider did not possess a valid driving licence, thus breaching policy terms.
The motorcycle rider and owner, Vaishali Chandrakant Bhoir, remained ex parte.
The judge observed that the insurer had not taken efforts to examine the motorcycle rider to prove her non-involvement.
He further noted that the motorcycle rider had not produced a driving licence before the police or in 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.
The tribunal determined a notional income of the deceased man at Rs 15,000 per month due to insufficient evidence.
“The claimants have produced corroborative evidence but not substantive evidence to prove the income of the deceased,” it said.
The tribunal directed the opponents to pay Rs 23.9 lakh compensation with interest of 9 per cent per annum from the date of the petition until the amount is deposited. PTI COR ARU
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