The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of ₹31.65 lakh to the family of a vegetable vendor who died in a road accident in 2017. The tribunal directed the insurer of the offending motor trailer to first pay the compensation to the claimants and later recover the amount from the vehicle owner.
The order was passed on March 7 by MACT member RV Mohite in a claim filed by the family of Rizwan Asgar Ali Devjani, who was 28 years old at the time of the accident.
According to the claimants, Devjani was riding his motorcycle towards the Vashi market in Navi Mumbai on September 22, 2017. Near Shibli Nagar, a motor trailer attempted to overtake his vehicle at a very high speed and struck the motorcycle from behind.
The impact caused Devjani to fall onto the road and come under the wheels of another passing container. He was taken to a hospital but was declared dead by doctors.
The compensation claim was filed by Devjani’s wife, five children, and his parents.
The owner of the trailer, a private logistics company, did not appear before the tribunal despite notice. As a result, the tribunal proceeded ex parte against the owner while deciding the case.
During the proceedings, the insurance company opposed the claim. It argued that the insurance policy produced by the claimants was fake and fabricated, claiming that no premium had been received for the motor trailer involved in the accident.
However, the tribunal noted that although the premium might not have been deposited, a policy along with a cover note had been issued. On that basis, the tribunal held that the deceased fell within the category of a protected third party.
Referring to established court rulings, the tribunal stated that when an insurer proves breach of policy conditions by the vehicle owner or driver, the insurer must still satisfy the compensation award in favour of the third party first and then recover the amount from the owner or driver.
The tribunal assessed the deceased’s monthly income at ₹12,000 and awarded a total compensation of ₹31.65 lakh to the family. The amount will carry interest at the rate of 9 per cent per annum from the date the petition was filed in December 2017.
To safeguard the long-term financial interests of the dependants, the tribunal also directed that specific portions of the compensation be placed in fixed deposits for the deceased’s wife and children.
