Matc dismisses claim of kin in road accident

Thane: The Thane Motor Accident Claims Tribunal (MACT) has dismissed a claim filed by a woman following the death of her husband in an accident in 2012.

MACT member and district judge K.D. Vadane observed that the claimants were not eligible for any compensation as Nitin Shewale, had borrowed the motorcycle which met with the accident, from one of the respondents. Hence, Shewale was not a victim in terms of the motor accident claims, the judge said in his order on April 27.

The claimants in the case were Shewale's 33-year-old wife, two minor children and mother, all residents of Pradhan Pada in the district's Murbad taluka. They filed the claim against motorcycle owner Vishal S Bhoir and Shriram General Insurance Company Ltd.

The deceased's family sought the claim under the Motor Vehicles Act section 163A (the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of vehicle).

The judge said, “The (insurance) policy does not cover the risk of the owner and of an unpaid driver. It covers the risk of the paid driver only,” he noted, adding in this case, Shewale was not a paid driver or workman of the vehicle owner. Therefore, the claim filed by the legal heirs of the deceased under section 163A of the Motor Vehicles Act is not maintainable and is liable to be dismissed, and the applicants are not entitled for any compensation, the judge said.