Thane, Aug 6 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has ordered a compensation of Rs 87.13 lakh to the family of a 55-year-old school teacher who died a year after his motorcycle collided with a tempo here in 2015.
The tribunal, presided over by member R V Mohite, in the order on Monday, found the tempo driver solely responsible for the accident.
On July 31, 2015, Rajkumar Assudomal Mohanani was riding his motorcycle in Ulhasnagar where a tempo driver opened his vehicle's door suddenly and negligently, causing the motorcyclist to collide with it and fall, the petitioners claimed.
Mohanani suffered a severe head injury. He remained in coma until his death on July 31, 2016.
His wife and children initially sought a compensation of Rs 1 crore, but later restricted their claim to Rs 1 lakh in the petition.
The opponent tempo owner remained ex-parte.
The tribunal examined the evidence, including the CCTV footage.
It said the footage shows the motorcycle rider, while trying to avoid the pothole, went close to the tempo. At that time, the tempo driver opened the door and the motorcycle rider fell down.
Though the motorcycle registration number, the tempo registration number and the two-wheeler rider were not visible in the CCTV footage, the evidence on record has proved the deceased was the motorcycle rider, the MACT said.
The tempo driver opened the door without observing traffic, due to which the door hit the deceased and he fell down, it said.
Addressing the defence's challenge to the CCTV footage, the tribunal emphasised the beneficial nature of the Motor Vehicles Act.
The deceased was a permanent teacher at an Ulhasnagar Municipal Corporation school, earning Rs 63,594 per month.
The tribunal considered his age (55 years at the time of the accident) and the number of dependents while awarding the compensation of Rs 87,13,856.
It directed the tempo owner and insurer to jointly and severally pay the amount with an annual interest of 9 per cent from the date of the petition until the amount is deposited.
The tribunal ordered that the deceased's wife be given Rs 33,13,856 and his son and daughter Rs 27 lakh each. Portions of the compensation for each claimant are to be invested in fixed deposits in nationalised banks, as per the order.