The family of a motorbike rider died in a traffic accident in the neighboring Thane district of Maharashtra in 2018. The family received compensation from the Motor Accident Claims Tribunal (MACT) in this city totaling more than Rs 1.36 crore.
In the order issued on August 21, the MACT rejected the insurance company for the negligent vehicle’s argument that the accident only happened because the rider who died was careless.
The event happened in December 2018 in Shahapur in Thane, on the Mumbai-Agra highway.
Arvind Balasubramaniam, the deceased, worked for an IT company and was traveling from Thane to Igatpuri. He was on a motorcycle when a jeep traveling in the opposite way struck his two-wheeler.
Accident….
Due to the impact of the collision, the man fell to the ground and was hurt. His relatives informed the tribunal in their appeal that he was transferred to a neighboring hospital. In hospital the physicians proclaimed him dead.
The deceased’s wife, parents, and sister asserted that the driver of the offending vehicle (a jeep) was at fault for the accident because of his or her “rash and negligent driving.”
As a result, they requested a 2 crore rupee settlement. It was requested from both the insurance provider and the owner of the vehicle.
The insurance company’s argument that the accident happened only as a result of the rider. It was refuted by the tribunal.
The tribunal claimed that no convincing evidence supporting this defense had been submitted to the record.
“The material placed on record indicates that at the relevant time of the accident, he (the driver of the jeep) was driving the vehicle in a rash and negligent manner without observing the moving traffic of the road,” the report stated.
The tribunal ruled that the owner of the at-fault car and its insurance provider are both jointly and severally liable to pay the petitioners Rs. 1.36 crore in damages plus interest.
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