Thane MACT grants Rs 26.25 lakh compensation to kin of woman killed in 2021 accident

Thane, Sep 21 (PTI) The Motor Accident Claims Tribunal in Maharashtra's Thane district has awarded Rs 26.25 lakh compensation to the husband and son of a woman killed in a motorcycle accident in 2021.

Judge R V Mohite on Friday directed Reliance General Insurance Co. Ltd and the owner of the car involved in the accident to jointly and severally pay the compensation with 9 per cent interest per annum (from the date of filing of the petition) within one month.

As per case details, the victim, Sadaf Abdul Gafoor Mulla, was travelling on a two-wheeler with her husband and son when a rashly driven car hit their vehicle on Kalyan-Badlapur Road on the night of September 29, 2021. The woman sustained severe head injuries and died while undergoing treatment five days later.

Judge Mohite noted that the car was driven in a rash and negligent manner.

"The driver of the offending vehicle failed to control its speed and fled from the scene after the accident," he said.

The insurance company argued that it was not liable for compensation, as the driver was allegedly intoxicated at the time of the accident and violated policy terms. However, the tribunal rejected this defence.

The court noted that, as per the report of the chemical analyser, only 0.055 per cent presence of alcohol was found in the blood sample of the car driver, and the defence of drunk driving under relevant sections of the Motor Vehicle Act was not available to the insurance company.

"The driver of the offending vehicle was holding a valid and effective driving licence on the date of the accident. There is no breach of the terms and conditions of the insurance policy," it held.

The tribunal ordered Rs 10 lakh compensation to the husband and Rs 16.25 lakh to the minor son, to be put in a fixed deposit till he comes of age. PTI COR ARU