The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs. 19.2 lakh to a 64-year-old retired police department employee who suffered serious injuries after being hit by a scooter driven by a minor in 2018.
Tribunal Directs Insurance Firm to Pay 9% Interest from Filing Date
In its order, MACT Member R.V. Mohite directed the Insurance Company to pay the compensation along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition. The tribunal further granted the insurer the liberty to recover the amount from the vehicle owner after satisfying the award, holding that there had been a breach of the insurance policy as the scooter was being ridden by an unlicensed minor.
According to the claim petition, the accident occurred on the night of May 30, 2018, when petitioner Macchindra Sitaram Suryawanshi, a resident of Kalwa, was returning home after his routine evening walk. A scooter, allegedly being driven rashly and from the wrong direction by a minor boy, collided with him, causing multiple grievous injuries.
Following the accident, Suryawanshi underwent extensive medical treatment and incurred medical expenses exceeding Rs. 14.7 lakh.
The insurance company opposed the claim, contending that the rider did not possess a valid driving licence and therefore the insurer was not liable. However, the tribunal noted that the scooter owner, Rajesh Hari Gaware, and his son had admitted to the traffic violations before the jurisdictional magistrate and paid the prescribed fine, establishing a breach of the policy conditions.
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