The tragic incident occurred on November 10, 2018, when the family was travelling in an autorickshaw. A speeding car rammed into the rickshaw from behind, causing it to overturn. All five occupants, including two small children, sustained injuries in the mishap.
Thane, May 12 – The Motor Accident Claims Tribunal (MACT) in Thane district of Maharashtra has ordered a compensation of Rs 22.3 lakh to be paid to five members of a family who were badly injured in a road accident that took place in November 2018 on the old Mumbai-Pune Highway.
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The order was passed by MACT Member S N Shah on May 3, and a copy of the judgment was made available on Monday.
The tragic incident occurred on November 10, 2018, when the family was travelling in an autorickshaw. A speeding car rammed into the rickshaw from behind, causing it to overturn. All five occupants, including two small children, sustained injuries in the mishap.
The tribunal said clearly that the accident happened due to the negligence of the car driver. The car was owned by one of the opponents in the case and was insured at the time with HDFC ERGO General Insurance Co. Ltd.
In its detailed order, the tribunal stated:
“It is apparent that the accident occurred due to negligence of the driver of the offending vehicle, which was owned by the opponent and at the material time was insured with the opponent insurer.”
This clearly shows that the court held the driver’s negligence as the main reason for the accident.
A key point in the case was the issue of the driver’s licence. It was revealed during the hearings that the driver had a valid licence only for two-wheelers, not for light motor vehicles (LMVs), like the car involved in the accident.
The insurance company (HDFC ERGO) pointed this out and claimed that this was a violation of their policy terms. They argued that since the driver did not hold a proper driving licence for the car, the insurance claim should be dismissed.
However, the tribunal did not accept this defence completely. It ruled that the insurance company must first pay the compensation to the injured family and later recover the amount from the driver who broke the rules.
The tribunal explained that it is the insurer’s duty to “satisfy the claim first and then recover it from the driver of the vehicle.”
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