A Motor Accident Claims Tribunal (MACT) has awarded over Rs 2.92 crore to a 32-year-old marketing executive who sustained an 88 percent permanent disability from a road accident in 2020. The tribunal’s decision highlights the financial impact of serious injuries resulting from traffic incidents.
Insurance Company Fails to Act on Suspected Fraud
A recent ruling from the Tribunal highlighted that an insurance company delayed its response regarding a suspected fake accident case. The Tribunal noted, ‘The plea of the insurance company in this regard is belated.’ According to established rules, the insurance company should have reported its suspicions to the relevant deputy commissioner of police (DCP) if it believed the case was fraudulent. Despite having an investigator’s report that raised concerns, the company did not file any complaint with the DCP.
Tribunal Rejects Insurer’s Negligence Claim
A recent ruling by the Tribunal dismissed the insurer’s claim that the victim’s failure to wear a helmet constituted contributory negligence. The Tribunal stated, “A violation of traffic law cannot be said to be contributory negligence without any evidence in support showing that the violation has led to the accident.” This statement underscores that without clear evidence linking the helmet violation to the incident, the argument lacks merit.
Because the injured was not wearing a helmet, the same cannot be said to be ground for contributory negligence, “Merely.
A violation of traffic law cannot be said to be contributory negligence without any evidence in support showing that the violation has led to the accident,” the tribunal said. It said non-wearing of a helmet was an offence under the Motor Vehicle Act, but it cannot be termed as a rash or negligent act which led to the accident.
