Mumbai: The Motor Accident Claims Tribunal (MACT), Mumbai, has awarded Rs 33 lakh in compensation to the family of 35-year-old Dilip Bhagwat Ghumbre, who died in a road accident on September 30, 2021. The order was passed by Tribunal Member R.R. Patwari.
Insurance Clause and Breach
The tribunal observed that the insurance policy of the offending vehicle contains an avoidance clause, which permits the insurer to recover the compensation amount from the vehicle owner if the policy terms are breached.
Evidence presented by the insurer established that the driver of the vehicle did not possess the required authorization to transport flammable substances, thereby violating motor vehicle rules and breaching the insurance policy terms.
Accident Details
Ghumbre, a resident of Kandivali (East), was killed when a speeding container truck rammed into his motorcycle from behind on the Western Express Highway near Alifa Hotel, Borivali. He died on the spot due to severe injuries. An FIR was registered at Valiv Police Station immediately after the incident.
Claimants and Financial Dependents
The compensation claim was filed by his 22-year-old widow Nikita Ghumbre, their two minor daughters aged six years and six months, and his elderly parents aged 72 and 67, all of whom were financially dependent on him.
Liability and Insurance Direction
The tribunal held the container driver solely responsible for the accident due to rash and negligent driving, noting that Ghumbre was riding lawfully and was not at fault.
While the insurer — Bajaj Allianz General Insurance Co. Ltd. — argued that the truck was carrying hazardous goods without proper authorization, the tribunal directed the insurer to first disburse the compensation with 7% annual interest from December 9, 2021, and then recover the amount from the owner of the offending vehicle.
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Compensation Coverage
The compensation amount covers loss of dependency and consortium benefits to the widow, minor children and aged parents, along with funeral and estate expenses.
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