Thane MACT awards Rs 42 lakh compensation to man killed in 2019 road accident

Thane, Jul 31 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded Rs 42.27 lakh to the kin of a man who died in a road accident on November 30, 2019.

The judgment, delivered by MACT member KP Shrikhande on July 25, holds both the owner and insurer of the offending vehicle jointly and severally liable, with the insurer granted the liberty to recover the amount from the owner due to a breach of policy conditions.

The petition was filed under Section 166 of Motor Vehicle Act 1988 seeking compensation for the accidental death of Sanjay Wilson Tode, a superviser at a private firm, who died after his motorcycle was hit by a truck on Ghodbunder Road.

While the petitioner's advocate PN Jadhav accused the truck driver of rash and negligent driving, VP Kadam and AK Tiwari, advocates for the owner and insurer, respectively, denied these allegations.

In his judgment, MACT member Shirkhande said the FIR registered against the truck driver under Section 304A of the IPC and the Motor Vehicles Act showed he was driving rashly and negligently.

He also upheld the insurer's claim of breach of conditions due to the driver driving a heavy vehicle despite having a light motor vehicle licence.

The Rs 42 lakh awarded as compensation includes Rs 40.47 lakh for loss of dependency. PTI COR BNM