In a significant ruling, the Motor Accident Claims Tribunal (MACT) in Thane awarded Rs 31.34 lakh in compensation to the family of an 18-year-old boy who was fatally injured in a motorcycle accident in 2019. The decision, penned by MACT member S N Shah, included an annual interest rate of 8% from the date of the petition filing until the compensation is fully paid.
The tragic incident occurred on May 26, 2019, when Pronoy Vinod Jha, the victim, was riding as a pillion passenger on a motorcycle. A truck, driven negligently according to the tribunal’s findings, collided with the motorcycle and fatally ran over Jha. The aftermath of the accident saw the family of the deceased filing a claim for compensation, detailing the loss and the impact on their lives.
During the tribunal proceedings, the petitioners, represented by Advocate S J Tiwari, presented a comprehensive dossier of evidence that included the First Information Report (FIR), scene and autopsy reports, and medical records confirming the cause of death as due to the accident.
In defense, the truck owner, Sakthivel A Kunder, and the associated insurer, Cholamandalam MS General Insurance Co. Ltd., contested the claims. The defense, led by Advocate K V Poojari, argued that the motorcycle rider’s negligence led to the accident, not the truck driver’s actions. Additionally, they claimed violations of insurance terms such as the absence of a valid driving license, fitness certificate, and truck permit at the time of the accident.
However, the tribunal dismissed these defenses, noting the lack of substantive evidence presented by the insurer to counter the claims or support their argument. The judgment emphasized the accountability of the truck owner and the insurance firm, holding them responsible for the financial compensation to Jha’s family.
