Overview
- Thane’s Motor Accident Claims Tribunal awarded Rs 33.9 lakh and Rs 64,75,887 in separate fatal accidents, directing joint-and-several payment by vehicle owners and insurers with 9% annual interest from the date of filing.
- In the 2021 case, the tribunal found tempo driver negligence after the vehicle crossed lanes at speed and hit Hemant Krushnakant Vedpathak, applying the last-opportunity rule and ruling out any contributory fault by the victim.
- The tribunal rejected the insurer’s breach claim in that case after verifying the driver’s valid licence, vehicle fitness certificate, and permit, and it earmarked Rs 23.9 lakh for the widow and Rs 10 lakh for the minor daughter with portions locked in fixed deposits.
- In the 2022 hit-and-run, the tribunal held a motorcycle rider solely responsible for striking pedestrian Yuvraj Bhagawan Jagtap in Chikhali, noting a police charge sheet for rash driving and no evidence the victim was negligent.
- For the 2022 award, the tribunal used a notional income of Rs 35,000 a month and five dependents to compute loss of future income and other heads such as future prospects, medical costs, consortium, and funeral expenses.