The Motor Accident Claims Tribunal (MACT) in Thane has awarded ₹27.17 lakh as compensation to the family of a man who died in a road accident on the Mumbai-Goa Highway in 2018, holding both the car driver and the insurance company jointly liable.
The order, issued by MACT Member R.V. Mohite on August 6 and made available on Friday, directed that the compensation amount be paid along with 9% annual interest from the date of filing the petition. The amount is to be paid jointly and severally by the driver of the car involved in the accident and National Insurance Company Ltd.
Accident Details
The victim, Bapu Rawool, died on June 7, 2018, when his motorcycle was hit by a car near Sawantwadi in Sindhudurg district. Initially, the local police registered a case against Rawool, alleging that he was at fault. However, the family contested the FIR, and the case was eventually closed with an “A summary” report, indicating no evidence to proceed against the deceased.
Despite the FIR and chargesheet naming Rawool as the guilty party, the tribunal relied on eyewitness testimonies, which clarified that the victim was neither rash nor negligent in his riding at the time of the accident.
Tribunal Observations
In its ruling, the tribunal noted that FIRs and chargesheets, while important, cannot be taken as conclusive proof of guilt, especially when credible eyewitness evidence suggests otherwise. The tribunal also emphasized that the insurance company failed to prove any breach of policy terms and found that the driver held a valid licence at the time of the incident.
Compensation Details
Represented by advocate B.B. Rajput, the claimants — Rawool’s wife and three children — initially sought ₹45.9 lakh in compensation. However, they restricted their claim to ₹1 lakh under Section 166 of the Motor Vehicles Act during proceedings.
The tribunal ultimately computed the compensation based on notional income, future prospects, and applicable pecuniary and non-pecuniary losses, settling at a total of ₹27.17 lakh.
