Mumbai MACT Awards ₹24.90 Lakh To Widow Of Pedestrian Killed In 2016 Accident

A recent order by the Motor Accident Claims Tribunal (MACT), Mumbai, has awarded compensation of ₹24.90 lakh to the widow of 58-year-old Dilip Angre, who was killed in a road accident in 2016.

Dilip Angre was hit by an autorickshaw on August 16, 2016, at around 5.45 am on Nehru Road near Phatak College, Santacruz (East), while walking to his workplace. He sustained severe head injuries and succumbed to his injuries later the same day at KEM Hospital.

The tribunal held that Dilip's widow, Dipali Angre, was financially dependent on him and was legally entitled to compensation. However, the tribunal rejected the claims of his two sons, aged 29 and 30, as they failed to establish that they were financially dependent on their father's income.

The tribunal observed that mere relationship with the deceased or being a legal heir does not automatically establish dependency. The two sons, being adult earning sons, had failed to prove that they were dependent upon the income of the deceased.

Out of the total compensation of ₹24.90 lakh, the tribunal directed that ₹60,000 each be paid to the two sons, while the remaining amount was awarded to Dipali Angre. The tribunal also directed the vehicle owner and the insurer, Generali Central Insurance Co. Ltd., to jointly and severally pay the compensation along with 7.5 per cent annual interest from the date of filing of the claim petition until its realisation.

The accident was attributed to the rash and negligent driving of the autorickshaw, rejecting the insurer's contention that the deceased was responsible for the mishap. The tribunal also rejected the insurer's contention that there had been a breach of the insurance policy because the driver allegedly did not possess a valid driving licence.

The MACT Chairperson, Monica I. Arland, presided over the matter and directed the payment of compensation to the widow and the two sons. The order highlights the importance of establishing financial dependency in motor accident claims cases.

The Motor Accident Claims Tribunal (MACT) is a statutory body established to provide speedy and efficient disposal of claims arising out of motor accidents. The tribunal's orders are binding on the parties involved and can be appealed in higher courts.

In this case, the tribunal's order provides relief to the widow of the deceased, who was financially dependent on him. The order also highlights the need for insurers to carefully evaluate the circumstances of an accident before contesting a claim.

The city of Mumbai has seen a significant number of road accidents in recent years, resulting in loss of life and property. The MACT's order in this case serves as a reminder of the importance of responsible driving and the need for motorists to exercise caution on the roads.

The order also underscores the importance of having a valid insurance policy in place, as it provides financial protection to the victims of road accidents and their families. In this case, the insurer was directed to pay the compensation along with interest, highlighting the need for insurers to fulfill their obligations in a timely and efficient manner.

Overall, the MACT's order in this case provides a measure of relief to the family of the deceased and serves as a reminder of the importance of responsible driving and the need for motorists to exercise caution on the roads.

The case highlights the complexities involved in motor accident claims cases and the need for a thorough evaluation of the circumstances of an accident. The MACT's order in this case demonstrates the importance of establishing financial dependency and the need for insurers to carefully evaluate the circumstances of an accident before contesting a claim.

In conclusion, the MACT's order in this case provides a measure of relief to the family of the deceased and serves as a reminder of the importance of responsible driving and the need for motorists to exercise caution on the roads. The order also highlights the need for insurers to fulfill their obligations in a timely and efficient manner and the importance of having a valid insurance policy in place.