The Motor Accident Claims Tribunal (MACT) in Thane has awarded ₹10.7 lakh as compensation to the family of a pedestrian who died after being hit by a motorcycle in Mumbai’s Bhandup West in February 2020.
In its order dated August 7, Member R.V. Mohite directed the motorcycle’s owner and its insurer, United India Insurance Co. Ltd, to jointly and severally pay the compensation, with interest at 9% per annum from the date of the petition until deposit of the amount.
The petitioner, represented by advocate U.S. Pandey, stated that on February 16, 2020, victim Prashant Balkrishna Parab was walking near Shivaji Talav in Bhandup West when a rashly and negligently driven motorcycle rammed into him. Parab sustained severe head injuries and succumbed during treatment a few days later.
Bhandup police registered an FIR against the rider under IPC sections 279 (rash driving) and 338 (causing grievous hurt) along with provisions of the Motor Vehicles Act.
While the motorcycle owner and rider did not appear before the tribunal despite being duly served notices, the insurer contested the claim, arguing that the owner had failed to inform them about the vehicle’s sale or transfer and that the rider lacked a valid driving licence at the time. The insurer also alleged contributory negligence on the part of the deceased, claiming he was “negligently loitering” on the road.
Rejecting these arguments, the tribunal held that the accident was solely due to the rash and negligent driving of the motorcycle rider and that Parab’s death was a direct result of the injuries sustained.
