A Motor Accident Claims Tribunal (MACT) has ordered Rs. 38 lakhs to be paid as compensation to the widow, minor son and parents of a security guard from Assam, who died in 2015 after sustaining head injury from being hit by a rashly driven motorcycle.
The deceased Maina Das was 34 at the time of the incident. At around 8 pm on October 28, 2015, Das was walking on VT Patil Marg in Chembur when a rashly driven bike hit him. He had fallen and sustained serious injuries. He was taken to LTMG hospital where he succumbed to the head injuries two days later.
In a compensation claim filed by his widow Bandana Das, father Paresh Das, mother Junu Das, the family had sought Rs 25 lakh as compensation from the motorcycle owner and its insurance company. The three-year-old son of Das was also one of the claimants and a claim on his behalf was filed through his mother.
The tribunal noted that the motorcycle owner failed to appear before it despite being served notice through a daily. The insurance company in question Reliance General Insurance Co. Ltd. had resisted the claim and stated that it was a case of contributory negligence as there was negligence on the part of the deceased. If the tribunal finds contributory negligence, the compensation amount would be reduced by half. Das' family had stated in their petition that he was employed with a private security firm and earned Rs 13,000 per month. The insurance company denied the particulars of Das’s age and income.
Tribunal member Dr Srishty Neelkanth in the order said, it can be seen from the FIR and the police papers that the motorcycle rider was driving rashly and negligently and dashed the deceased. Das was seriously injured in the accident and succumbed to injuries, the tribunal stated. The case does not qualify for one of contributory negligence as argued by the insurance firm’s advocate, it held.
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