Thane: The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane awarded a compensation of Rs 27.17 lakh to the family of a man who was killed in a motorcycle accident in 2018.
MACT member R V Mohite ordered that the compensation, along with 9 per cent annual interest from the date of the petition, be paid jointly and severally by the driver of the car involved in the accident and the insurer, National Insurance Company Ltd.
A copy of the order dated August 6, was made available on Friday.
The claimants, including the deceased man's wife and three children, represented by advocate B B Rajput, had initially sought compensation of Rs 45.9 lakh, but restricted their claim to Rs 1 lakh under section 166 of the Motor Vehicles Act.
As per the case details, the accident occurred on June 7, 2018, on the Mumbai-Goa Highway in Sawantwadi, Sindhudurg district. The victim, Bapu Rawool, was riding his motorcycle when a car hit him.
The police initially registered a case against the deceased, alleging he was at fault. However, his family challenged this, and the case was eventually closed with an A summary report. The family filed a criminal writ petition in the Bombay High Court to quash the FIR against the deceased.
During the trial, the tribunal noted that although an FIR and chargesheet were filed against the deceased, showing his fault for causing the accident, eyewitnesses had stated that he was not riding his motorcycle rashly or negligently.
It further stated that the contents of the FIR and chargesheet cannot be accepted as conclusive factors.
The tribunal also found that the insurance company failed to prove any breach of the policy conditions, and the car driver's licence was valid at the time of the accident.
The tribunal calculated the total compensation of Rs 27.17 lakh based on the deceased's notional income, future prospects, and various pecuniary and non-pecuniary damages.
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