Thane Tribunal Awards Rs 27.17 Lakh to Family of Accident Victim

The Motor Accident Claims Tribunal (MACT) in Thane, Maharashtra, awarded a compensation of Rs 27.17 lakh to the family of Bapu Rawool, who died in a motorcycle accident in 2018. The decision, handed down by MACT member R V Mohite, mandates that the compensation be paid jointly by the driver of the car involved in the incident and the insurer, National Insurance Company Ltd. This ruling was made public on August 6, 2023.

The compensation includes an additional 9 percent annual interest from the date of the petition. Rawool’s family, represented by advocate B B Rajput, initially sought Rs 45.9 lakh but later restricted their claim to Rs 1 lakh under section 166 of the Motor Vehicles Act.

The tragic accident occurred on June 7, 2018, on the Mumbai-Goa Highway in Sawantwadi, located in the Sindhudurg district. At the time of the incident, Rawool was riding his motorcycle when he was struck by a car. Initially, police attributed fault to Rawool, but his family contested this claim. They subsequently filed a criminal writ petition in the Bombay High Court to quash the First Information Report (FIR) against him.

During the tribunal proceedings, it was noted that despite the FIR and chargesheet indicating Rawool’s fault, eyewitnesses testified that he was not riding his motorcycle recklessly or negligently. The tribunal emphasized that the contents of the FIR and chargesheet should not be regarded as definitive proof of wrongdoing.

The tribunal also found that the insurance company failed to demonstrate any breach of policy conditions. Additionally, it confirmed that the driver’s license was valid at the time of the accident.

The tribunal calculated the total compensation based on Rawool’s notional income, future earning potential, and other pecuniary and non-pecuniary damages suffered by his family.

In a related case, the MACT in Thane awarded a compensation of Rs 49.46 lakh to the parents of a 24-year-old IT engineer who died in a road accident in 2019. In that instance, the tribunal found the accident resulted from contributory negligence, placing 75 percent of the blame on the truck driver and 25 percent on the deceased motorcyclist.

These rulings underscore the tribunal’s commitment to ensuring just compensation for victims and their families in road accident cases.