Tribunal awards Rs 1.39 cr compensation to man who lost arm in road accident

Thane, Mar 13 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 1.39 crore to a man who lost one of his arms following a bus accident in 2019.
     MACT Chairman S B Agrawal, in the order on March 10, held bus the driver's negligence as the cause of the accident.
    The tribunal held the vehicle's insurer primarily liable, while allowing it to recover the awarded amount from the bus owner.

    A copy of order passed was made available on Thursday.

    The petitioner, Mahesh Lalchand Makhija (then aged 51), who worked as sales manager with an alcoholic beverages company, told the tribunal that on December 16, 2019, he was travelling in the private luxury bus.
    The driver of the speeding bus lost control of the vehicle and as a result, it met with an accident near Savarne village in Murbad area on Kalyan-Nagar highway in Maharashtra.
    Makhija suffered grievous injuries, and his left arm had to be amputated by doctors at a hospital in Mumbai.

    He worked as a sales manager with a company and initially claimed a compensation based on his monthly income of Rs 3.6 lakh.
    The respondents, bus owner Riyaz Kadar Mohammad and insurer United India Insurance Company Ltd, contested the claim.

    After hearing both the sides, the tribunal said, "At the outset it would be apposite to mention that from the evidence of the petitioner, as well as the police papers, it is apparent that the accident was caused because of the negligence of the driver of the vehicle that was owned and insured with the respondents."

    The bus insurer argued that the driver was driving without a valid license for a heavy vehicle, thereby breaching the insurance policy.
    The tribunal, however, said, "As far as defence of the insurer is concerned, it is brought about that the driver was driving heavy vehicle without valid driving license. The license on record is for LMV (light motor vehicles). The owner has not led evidence. Thus, both the respondents would be liable to compensate the petitioner."
    "The insurer would be entitled to recover it from the owner after satisfying the award passed in the present matter," it added.


    The compensation included medical expenses of Rs 3,98,645 (after deducting Rs 5,00,000 received as mediclaim), Rs 3 lakh for pain and suffering and loss of amenities of life, Rs 1,32,00,000 for loss of income (calculated based on a 50 per cent loss of earning capacity) and Rs 50,000 for other expenses.


    Despite a certificate indicating 85 per cent disability, the tribunal assessed the loss of income at 50 per cent, considering Makhija's continued employment until December 2022.
    "In such circumstances, although disability certificate is to the extent of 85 per cent, on account of loss of income the same can be taken at 50 per cent by assessing the net monthly income of Rs 2,00,000," Chairman Agrawal said.


    The tribunal ordered the insurance company to pay Makhija the compensation of Rs 1,39,48,645 along with 7.5 per cent interest from the date of filing the petition.
    The insurer is then entitled to recover the same from the bus owner, it said.

(This story has not been edited by THE WEEK and is auto-generated from PTI)