Thane: The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation of Rs 16 lakh to the family of a 42-year-old man killed in a motorcycle accident in 2017.
MACT member S N Shah held the insurer, Bajaj Allianz General Insurance Company Ltd., liable to pay the compensation first, even though the driver of the offending vehicle did not possess a valid licence at the time of the accident.
The insurer has been granted the liberty to recover the amount from the vehicle owner.
A copy of the order dated May 8 was made available on Monday.
About The Accident
The accident occurred on the night of June 16, 2017, when the victim, Tatu Ganpat Gaikar, was riding his motorcycle, and a four-wheeler driven rashly collided with his vehicle.
Gaikar sustained severe injuries and was declared dead at a rural Hospital in Shahapur.
The insurer, Bajaj Allianz, contended that the driver lacked a valid driving licence and that the vehicle was being plied for hire, breaching policy conditions. They also argued the deceased was negligent.
MACT member Shah, in her judgment, observed that the police documents, including the FIR and chargesheet, indicated the accident occurred due to the negligence of the offending vehicle's driver.
The tribunal ordered the insurer to deposit the compensation amount with 8 per cent annual interest from the date of filing the petition within one month. The amount will be apportioned between the widow and son, with significant portions to be kept in fixed deposits for five years.
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