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Tribunal awards Rs 27.98 compensation to kin of man killed in 2020 road accident

LAW FINDER NEWS NETWORK |

Thane, Sep 20 The Motor Accident Claims Tribunal in Maharashtra’s Thane has awarded compensation of Rs 27.98 lakh to the parents of a 24-year-old home guard who was killed in a road accident nearly six years ago.


In its order on Saturday, the tribunal also awarded 9 per cent interest per annum on the amount from the date of filing the petition.


According to the order, Dhakal Laxman Kinar died after his motorcycle hit a speeding truck that suddenly changed lane on the Mumbai-Ahmedabad Highway in Palghar district in November 2020.


The truck owner did not appear, and the matter proceeded ex parte against him.


The insurer contested the petition, claiming negligence on the part of Kinar for allegedly not holding a valid driving licence and policy breach due to missing documentation from the truck driver. However, the tribunal disagreed.


“... there is absolutely no evidence to show that the driver of offending vehicle was not holding valid and effective driving licence to ply the offending vehicle as well as permit and fitness at the time of accident,” it said.


The tribunal also held that the accident occurred due to rash and sole negligent action by the truck driver.


Considering Kinar’s monthly notional income at Rs 18,000, the tribunal awarded compensation of Rs 27.98 lakh.

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