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Thane MACT Awards Rs 25.78 Lakh and Rs 13.85 Lakh in Two Fatal Crash Cases

One order requires the insurer to pay the victims first due to a proven policy breach, with recovery from the vehicle owner to follow.

Overview

  • The tribunal granted Rs 25,78,500 with 9% annual interest to the family of Brijendra Lal Bahadur Singh, who died after a truck struck his motorcycle near Panvel in November 2020.
  • The judge found the truck driver had the last opportunity to avoid the collision and rejected the insurer’s claim of contributory negligence for lack of evidence on a missing helmet or licence.
  • Because claimants could not substantiate higher earnings, the court fixed a notional income of Rs 15,000 per month to compute compensation and ordered structured payouts with fixed deposits for dependents.
  • In a separate order dated October 10 and reported October 26, the tribunal awarded Rs 13,85,400 with 9% interest to the family of security guard Kamlesh Rammurat Singh, killed at Wagle Estate in May 2022.
  • Relying on a chargesheet and CCTV, the tribunal held the pick-up was driven rashly, noted the driver lacked a valid licence, and directed the insurer to satisfy the award first and then recover from the owner.