Thane, Oct 4 The Thane Motor Accident Claims Tribunal (MACT) has awarded Rs 38.13 lakh compensation to the mother of a railway employee killed in a 2020 road accident, noting the crash was caused by a juvenile motorbike rider’s negligence and rejecting claims of fault of the deceased.
MACT member R V Mohite, in the order on Saturday, held that the offending motorbike's insurer must pay the compensation amount to the claimant first and subsequently recover the sum from the vehicle owner due to a breach of insurance policy terms, as the two-wheeler was being ridden by an unlicensed minor at the time of the crash.
According to the petition, Dhiraj Sharad Pawar, then aged 25, employed as a Khalashi at the Central Railway Loco Workshop in Mumbai, was riding his motorcycle towards Nalasopara Railway Station in neighbouring Palghar district with proper care and moderate speed on June 8, 2020. Another motorbike approaching from behind at excessive speed rammed into his vehicle.
Dhiraj sustained severe injuries and was rushed to the Public Health Centre in Nalasopara, where he was declared dead. The Tulinj police initially registered a case against an unknown rider. During the investigation, the police identified the offending vehicle's rider as a juvenile.
The minor pleaded guilty before the Juvenile Justice Board, Bhiwandi, in January 2021 and paid a fine of Rs 5,000.
The deceased's mother approached the MACT seeking compensation. The offending vehicle's owner failed to appear before the tribunal proceedings were conducted ex parte against him.
The vehicle's insurer, however, appeared before the tribunal, arguing it was a "hit and run" case and that the minor rider did not hold a valid driving licence, constituting a willful breach of policy conditions.
The tribunal fixed Dhiraj's monthly net income at Rs 24,712 and directed the insurer to pay compensation of Rs 38.13 lakh along with 9 per cent per annum interest from the petition filing date into the MACT bank account within one month.
Out of the total sum, it ordered Rs 9 lakh to be placed in a fixed deposit in a nationalised bank in the claimant's name for three years, with the remaining balance transferred directly to her account.
It also directed the insurance company to later recover the sum from the vehicle's owner.
