MACTs Award ₹74 Lakh in Thane, ₹18.32 Lakh in Delhi to Families of Motorcycle Crash Victims
Both orders apply the civil standard of proof to establish negligence and hold insurers liable.
Overview
- The Thane tribunal granted ₹74,03,910 to the family of Vinodkumar Bhagirath Chauhan, finding a truck driver solely at fault for a June 2, 2020 rear-end crash during an overtaking attempt.
- New India Assurance’s objections in the Thane case were rejected for lack of supporting evidence, as the tribunal accepted salary records showing ₹51,300 monthly pay and assessed annual income at ₹5,78,060 after tax.
- The Delhi tribunal awarded ₹18.32 lakh to Ashif’s family for an October 9, 2023 crash near Pankha Road, noting the driver and owner failed to rebut negligence, which led to an adverse inference.
- United India Insurance was directed to pay in the Delhi matter, where income was computed on the Uttar Pradesh minimum wage for an unskilled worker and the earning father was excluded as a dependent for loss of dependency.
- Both rulings cite FIRs and completed police investigations as persuasive evidence, with the Delhi order dated November 10 and the Thane order issued on Friday.