THANE: The Motor Accident Claims Tribunal (MACT), Thane, awarded a compensation of Rs 31.34 lakh to the grieving family of an 18-year-old BSc Computer Science student who was killed in a road accident involving a rashly driven truck.
The petition was filed by the parents and sister of the deceased, seeking just and fair compensation under the Motor Vehicles Act, 1988, following the death of their son and brother in a tragic road mishap on May 26, 2019.
According to the petition, on May 26, 2019, the deceased was riding pillion on a motorcycle proceeding toward a hotel in Thane, along the Mumbai-Ahmedabad Highway.
At around 1.20 PM, about 100 meters ahead of a village hotel, a motor truck allegedly driven in a rash and negligent manner rammed into the motorcycle from behind. The impact caused both riders to fall, and the truck reportedly ran over the victim's head, killing him on the spot.
The local police registered an FIR under various sections of the Indian Penal Code and Section 184 of the Motor Vehicles Act against the driver of the offending truck.
Appearing for the petitioners, an advocate submitted a detailed record of evidence, including certified copies of the FIR, spot and inquest panchnamas, and medical documents establishing the cause of death.
Documentary evidence also included the deceased's SSC and HSC certificates, and fee receipts from a college in Mumbai, where he was enrolled as a second-year BSc Computer Science student.
The insurance company attempted to contest the claim by alleging that the accident occurred due to the negligence of the motorcycle rider, and not the truck driver. It also raised issues about the breach of insurance terms, citing the alleged lack of a valid driving licence, fitness certificate, and permit for the truck.
However, the tribunal found that: "It is apparent that the accident occurred due to the negligence of the driver of the offending vehicle, which was owned by the opponent owner of the truck and which was, at the relevant time, allegedly insured with the opponent insurance company."
The petition was filed by the parents and sister of the deceased, seeking just and fair compensation under the Motor Vehicles Act, 1988, following the death of their son and brother in a tragic road mishap on May 26, 2019.
According to the petition, on May 26, 2019, the deceased was riding pillion on a motorcycle proceeding toward a hotel in Thane, along the Mumbai-Ahmedabad Highway.
At around 1.20 PM, about 100 meters ahead of a village hotel, a motor truck allegedly driven in a rash and negligent manner rammed into the motorcycle from behind. The impact caused both riders to fall, and the truck reportedly ran over the victim's head, killing him on the spot.
The local police registered an FIR under various sections of the Indian Penal Code and Section 184 of the Motor Vehicles Act against the driver of the offending truck.
Appearing for the petitioners, an advocate submitted a detailed record of evidence, including certified copies of the FIR, spot and inquest panchnamas, and medical documents establishing the cause of death.
Documentary evidence also included the deceased's SSC and HSC certificates, and fee receipts from a college in Mumbai, where he was enrolled as a second-year BSc Computer Science student.
The insurance company attempted to contest the claim by alleging that the accident occurred due to the negligence of the motorcycle rider, and not the truck driver. It also raised issues about the breach of insurance terms, citing the alleged lack of a valid driving licence, fitness certificate, and permit for the truck.
However, the tribunal found that: "It is apparent that the accident occurred due to the negligence of the driver of the offending vehicle, which was owned by the opponent owner of the truck and which was, at the relevant time, allegedly insured with the opponent insurance company."
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