Thane, Sep 21 The Motor Accident Claims Tribunal (MACT) in Thane has awarded a cumulative sum of Rs 39.42 lakh as compensation to the kin of a home guard who died in a road accident and another person injured in the incident.
MACT Member RV Mohite directed the truck owner and the insurance company to pay the compensation amounts along with interest at 9 per cent per annum from the date of filing of the petitions.
On November 6, 2020, Dhakal Laxman Kinar (24) and his 25-year-old friend Yadav Gopal Pawar were riding a motorcycle from Hateri-Jamsar towards Valiv police station when it hit a truck that abruptly changed lanes.
Kinar died, while Yadav suffered severe injuries, after which a case was registered against the truck driver at Virar police station.
The MACT held the truck driver solely responsible for the collision, rejecting the insurance company's allegation of negligence by the motorcyclist after noting a complete lack of supporting evidence.
Mohite emphasized that the truck driver drove recklessly at high speed and had the last opportunity to prevent the accident.
Furthermore, the tribunal dismissed the insurer's defence claiming a breach of policy terms due to the driver lacking a valid license, permit, or fitness certificate, noting that the insurance company failed to produce proof that the legal notice sent to the truck owner was actually served.
The tribunal fixed the deceased's notional monthly income at Rs 18,000 as there was no proof of fixed salary. It awarded Rs 27,98,600 to the deceased's parents, and Rs 11,43,675 to Yafav, who suffered head and limb injuries.
The tribunal directed both the vehicle owner and the insurance company to deposit the total awarded amounts jointly and severally into the MACT bank account within one month.
