Thane, Feb 07: The Motor Accident Claims Tribunal (MACT), Thane, has awarded compensation of Rs 5 lakh to the son of an 85-year-old woman who died after being hit by a truck while crossing the road in Kalyan (West) in December 2019.
Compensation determined under Section 163-A
The tribunal, presided over by Member R.V. Mohite, held that the claim was filed under Section 163-A of the Motor Vehicles Act and, therefore, compensation had to be determined on the basis of the structured formula prescribed under the Act.
“As per Section 163-A, the owner of the motor vehicle and the authorised insurer shall be liable to pay compensation as indicated in the Second Schedule. The accident took place on December 9, 2019, and the deceased died due to accidental injuries. As per the Second Schedule, compensation payable in case of death is Rs 5,00,000,” the tribunal observed.
Insurer liable to pay, with recovery rights
The tribunal further held that although the insurance policy of the offending truck had been cancelled due to dishonour of the premium cheque, the insurer would be liable to pay the compensation in the first instance and would be entitled to recover the amount from the vehicle owner subsequently.
Details of the claim
The petition was filed by Anil Sundarlal Gujar under Section 163-A of the Motor Vehicles Act for the death of his mother, Suman Sundarlal Gujar. According to the case records, Suman was working with Dr Saraswat, Ayushyman Clinic in Kalyan, and was earning Rs 3,000 per month. At the time of the accident, she was 85 years old and in sound physical health.
Accident and police action
The accident occurred on December 9, 2019, at around 1 pm at Khadakpada Circle, Kalyan (West), when the truck allegedly lost control and rammed into the elderly pedestrian. She sustained serious injuries and succumbed during treatment on December 31, 2019.
An FIR was registered by the Mahatma Phule Chowk police against the truck driver. The tribunal noted that in claims under Section 163-A, negligence or fault is irrelevant, as the provision is based on a no-fault liability and focuses on the suffering caused by the accident rather than the manner in which it occurred.
Policy breach not fatal to third-party claim
The insurer, New India Assurance Company Ltd., contested the claim, arguing that the insurance policy had been cancelled after the premium cheque issued by the vehicle owner was dishonoured.
While the tribunal accepted that there was a breach of policy conditions, it observed that the insurer had failed to establish that the vehicle owner had been informed of the policy cancellation prior to the accident. In such circumstances, the tribunal held that the rights of third-party victims could not be defeated.
Also Watch:
Interest awarded, insurer directed to deposit amount
Holding the claimant entitled to compensation as a legal representative, the tribunal awarded Rs 5 lakh along with interest at 7% per annum from the date of filing of the petition. The insurer has been directed to deposit the amount within one month and thereafter recover the same from the truck owner through execution proceedings.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
