Thane MACT Awards ₹87 Lakh Compensation in 2015 Road Accident Death
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The tribunal, presided over by Member R.V. Mohite, held the driver of a tempo solely responsible for the mishap.
The accident occurred on July 31, 2015, near Sunita Apartment in Ulhasnagar-3, when the teacher was riding his motorcycle. According to case records, a tempo driver suddenly opened the vehicle door, causing the motorcyclist to crash into it. The victim suffered a severe head injury and remained in a coma for nearly a year before passing away on July 31, 2016.
The tribunal relied on various pieces of evidence, including the FIR, spot panchanama, medical records, and crucial CCTV footage, which was presented in court by the investigating officer. Although the registration numbers and identity were not clearly visible in the footage, the tribunal accepted corroborative statements, including that of the tempo owner, who confirmed the vehicle and driver involved.
The tribunal rejected objections raised by the insurer, which challenged the admissibility of the CCTV footage and raised concerns about an alleged policy breach.
Member of MACT, Mohite, ruled that strict evidentiary rules under BNS do not apply to claims under the Motor Vehicles Act, and there was no evidence of footage tampering. The court also dismissed the claim of a licensing issue, confirming there was no breach of the insurance policy.
The deceased was a permanent teacher at a Ulhasnagar municipal school, earning Rs 63,594 per month. The court considered his income, age, and number of dependents to compute compensation.
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The awarded amount includes loss of future income, future prospects, medical expenses, along with amounts for consortium, estate, funeral expenses, and love and affection.
The tribunal directed the tempo owner and insurer to jointly and severally pay the total amount with 9% annual interest from the date of petition filing until full payment. The compensation will be distributed among the widow and two adult children of the deceased, with part of the amount to be invested in fixed deposits in nationalised banks.
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