Thane: The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 26.21 lakh to the family of a 40-year-old man who was killed in an autorickshaw accident in 2018.
Vehicle Owner Held Fully Liable
Tribunal member R.V. Mohite held the vehicle owner solely liable for the payment after rejecting the contention of the insurer, Bajaj Allianz General Insurance Co. Ltd., that the policy was “fake and fabricated.”
The insurance company had contested its liability, arguing that the accident occurred due to the negligence of the autorickshaw driver, who was allegedly addicted to tobacco. It claimed the driver had bent down to retrieve a pouch of tobacco that fell from his pocket while driving, leading to the accident.
Driver’s Rash Act Caused Mishap
However, the tribunal ruled that the mishap, which occurred on May 4, 2018, was caused by the “rash and negligent driving” of the autorickshaw driver.
“The driver of the offending vehicle was chewing a tobacco-like substance. His pouch of tobacco fell inside the autorickshaw, and when he bent down to pick it up, he lost control and rammed into a roadside tree,” the tribunal observed.
Deceased Not At Fault
The tribunal further clarified that there was no contributory negligence on the part of the deceased, who was employed with a logistics company.
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Award Calculation & Interest
In calculating the award, the tribunal considered pecuniary loss, future prospects, consortium, funeral expenses, and other heads, arriving at a total compensation of Rs 26.21 lakh, with 9% annual interest from the date of the petition.
