Thane, Jun 4 The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs 31.57 lakh to the family of a bank supervisor and his nine-year-old son who died in a road accident in Virar in Palghar district in 2009.
In two judgments delivered on June 1, MACT Member RV Mohite directed the insurer to first pay the compensation amount to the claimants and then recover it from the owner of the offending vehicle after finding a breach of insurance policy conditions.
Narendra Patil and his son Parth were killed after their motorcycle was hit by another two-wheeler on Bhiwandi-Shirsad road in Virar on June 1, 2009. A criminal case was registered against the rider of the offending motorcycle.
During the proceedings, the insurer contended the deceased was triple-riding (Patil's daughter was also on the motorcycle at the time of the incident) and partly responsible for the accident. It also said the rider of the offending vehicle lacked a valid driving licence.
Rejecting the plea of contributory negligence, the tribunal held the evidence, including spot panchanama and damage to both motorcycles, established rash and negligent riding by the offending motorcyclist. The MACT also found the rider did not possess a valid driving licence, amounting to breach of policy terms.
The MACT awarded Rs 25.46 lakh as compensation for the death of Patil and Rs 6.11 lakh related to Parth's demise.
