Thane, February 9 The Thane Motor Accident Claims Tribunal (MACT) has ordered compensation of ₹33.17 lakh to the family of an engineering student who died after being hit by a motorcycle in Palghar district, Maharashtra, in 2020.
MACT member R V Mohite, in the judgment on Saturday, ruled that while the insurance company must pay the claimants first, it has the right to recover the amount from the vehicle owner due to a breach of policy terms.
Vipul Santosh Sawant, a 20-year-old student pursuing a B.Tech course, was walking with a friend along the Khaniwali-Gorhe road towards Ambiste in neighboring Palghar district on December 25, 2020, when a speeding motorcycle struck him.
The victim, who suffered grievous injuries, was rushed to a private hospital where he died during treatment, according to the claimants, comprising his parents and sister.
They sought compensation for the loss, describing the victim as a bright student with a promising career.
The tribunal dismissed the insurance company's claim of an unknown vehicle, as eyewitness testimony and police records confirmed the involvement of the motorcycle.
It was found that the two-wheeler rider and owner held a license only for four-wheelers and not motorcycles, a breach of the insurance policy.
However, to protect the third-party victims (the family), the tribunal directed the vehicle's insurer to pay the compensation first and then recover the amount from the owner.
The tribunal assessed Vipul's notional income at ₹20,000 per month, considering his educational background and future career prospects, while awarding a total compensation of ₹33.17 lakh.
It ordered that the amount be paid with 9 per cent annual interest from the date the petition was filed.
The MACT allocated ₹12.67 lakh for the deceased's mother, ₹12.5 lakh for his father, and ₹8 lakh for his sister.
It directed that a portion of these funds be kept in fixed deposits for two years to ensure the long-term financial security of the family.