Thane, Jun 9 The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 54.62 lakh to the family of a technician killed in a road accident involving a rashly driven truck in 2021.
MACT member RV Mohite, in the order passed on June 6, directed the truck's insurer to pay the compensation to the claimants and subsequently recover the amount from a transport company owning the vehicle, due to a breach of insurance terms.
The victim, Udaybhan Bansraj Gupta, worked as an air-conditioner technician. He was riding his scooter from Dombivli in Maharashtra's Thane district towards Turbhe in Navi Mumbai on March 23, 2021, when a speeding truck rammed into his vehicle from behind on the Mahape-Indira Nagar road, according to the claimants- his wife, son and mother.
Gupta died in the accident, and the Turbhe police subsequently registered a case against the truck driver.
The truck's insurer contested the claim, arguing that the deceased was riding negligently and lacked a valid driving license. The tribunal, however, rejected the claims, noting the deceased held a valid licence until 2025 and that the truck driver had the last opportunity to avoid the crash.
The tribunal also found that while the truck had valid fitness and permit certificates, its driver lacked a valid and effective driving license at the time of the accident, constituting a willful breach of the policy terms by the owner.
The truck owner has committed a breach of the terms and conditions of the policy. In such circumstances, the opponent insurance company should pay the compensation amount at first instance and then recover the same from the vehicle owner, the MACT said.
The tribunal directed the opponents to pay a compensation of Rs 54,62,730 with an interest rate of 9 per cent per annum from the date of the petition until the realisation of the amount.
Out of the amount, the MACT allotted Rs 29,62,730 to Gupta's wife, Rs 20 lakh to his son, and Rs 5 lakh to his mother, with directions for long-term fixed deposits to secure their financial future.
