The Motor Accident Claim Tribunal (MACT) has granted a compensation of Rs 23.52 lakh to a Cuffe Parade-based family, who lost their 23-year-old son in a road accident, while he was riding pillion with a friend. While the next of kin of the deceased had demanded a compensation of Rs 1 lakh, the tribunal held that the amount should be sufficient enough to take care of the family, who lost their source of income. The tribunal thus asked the insurer, Bajaj Allianz General Insurance, along with the owner of the offending vehicle to jointly pay the amount.
Dispute Over Compensation
On February 17, 2021, Salman Shaikh was riding pillion with his friend towards Byculla. Their bike was dashed by a dumper, which eventually ran over him. Later, the family approached the tribunal seeking justice for the loss of their young son, who was working in the civil sector and earning Rs17,000 per month.
The insurer refused to pay the amount, stating that the bike rider didn't have a valid license at the time of the accident. It averred that the prime reason behind Shaikh's death was his friend's negligent driving. The tribunal, however, rejected the arguments put forth by the insurance firm as no evidence was submitted to prove the allegations.
Factors Considered By MACT In Determining Compensation For Road Accident Victim
While explaining the need for compensation, the MACT held that a person not only suffers injury on account of an accident but also suffers in mind and body. The feeling that he is no more a normal man is developed within himself. Thus the factors of medical expenses, loss of earning of profit, damages for mental and physical shock, pain and suffering, occupational disability damages are prime causes of his suffering. The tribunal reasoned that since Shaikh’s family lost their son, his entire life’s income needs to be considered. “There was no set formula for fixation of compensation, but it would be decided on considering the age and the monthly income of the deceased.”
