The Motor Accident Claims Tribunal (MACT) here has awarded a compensation of more than Rs 1.36 crore to the family of a motorcycle rider killed in a road accident in neighbouring Thane district of Maharashtra in 2018.
In the order passed on August 21, the MACT negated the defence of the offending vehicle’s insurance company that the accident occurred due to sole negligence of the deceased rider.
The incident took place in December 2018 on Mumbai-Agra highway at Shahapur in Thane.
The deceased, Arvind Balasubramaniam, who worked with an IT company, was going on his motorcycle towards Igatpuri from Thane when a jeep coming from the opposite direction hit his two-wheeler.
The man fell on the road due to the impact of the collision and suffered injuries. He was taken to a nearby hospital where doctors declared him dead, his family told the tribunal in their application.
The deceased’s family, including his wife, parents and sister, contended that the accident took place ”due to rash and negligent driving” of the offending vehicle’s (jeep) driver. Therefore, they sought a compensation of Rs 2 crore jointly from the vehicle owner and the insurance company.
The tribunal negated the insurance company’s defence that the accident occurred due to sole negligence of the deceased rider.
No cogent evidence to establish this defence has been placed on record, the tribunal said.
”The material placed on record indicates that at the relevant time of accident, he (the driver of the jeep) was driving the vehicle in a rash and negligent manner without observing the moving traffic of the road,” it said.
Therefore, the owner of the offending vehicle and its insurance company both are jointly and severally liable to pay a compensation of Rs 1.36 crore, plus interest, to the applicants, the tribunal ordered.
