Thane, Jan 20 The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded Rs 35.24 lakh to the family of a businessman killed in a motorcycle accident in 2021.
Tribunal member R V Mohite on Monday held that the owner of the errant vehicle and its insurer were jointly and severally liable to pay the compensation, along with an interest of 9 per cent per annum from the date the petition was filed till the date of deposit.
The accident occurred on the night of May 19, 2021, when the victim, Rakesh Gupta, was travelling on his scooter to his house in Bhayandar. A speeding motorcycle collided with his vehicle, leaving him with grievous injuries. Gupta died while undergoing treatment at a hospital on June 6, 2021.
The Navghar police had registered a case against the motorcyclist under relevant provisions of the Indian Penal Code and the Motor Vehicles Act.
The insurer, Shriram General Insurance Co. Ltd., contended that the accident was caused because of Gupta's negligence, alleging that he was riding in a zig-zag manner and without wearing a helmet.
The tribunal, however, rejected the contention, observing that the insurer failed to examine any witness or produce evidence to substantiate the claim.
The claimants - the wife, minor son and parents of the deceased - claimed that he earned Rs 35,000 per month from his furniture business.
However, in the absence of documentary evidence such as sales records or bank statements, the tribunal assessed his notional monthly income at Rs 18,000.
The compensation was calculated at Rs 35.24 lakh, which the tribunal directed the motorcycle owner and the insurance company to deposit within one month with interest.
