The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 13.5 lakh to a 29-year-old man who sustained serious injuries in a road accident that took place in 2018.
The tribunal, led by member RV Mohite, passed the order on July 2, stating that the accident occurred solely due to the rash and negligent driving of a pickup vehicle, reported news agency PTI.
According to the claim, the victim, Pappu Balu Ghagas, was travelling from Murbad to Padgha in Thane district on January 15, 2018, when a speeding pickup truck crossed into the wrong lane and hit the rear door of his car. The impact caused the car to veer off the road and fall into a nearby drain.
Ghagas suffered multiple fractures and a traumatic brain injury that led to a temporary loss of consciousness. He was admitted to a hospital for 13 days and continued to receive outpatient treatment afterwards.
While the vehicle’s owner did not appear for the proceedings, the insurance company contested the claim. However, the tribunal held the driver accountable for negligent driving and granted compensation to the victim.
The victim had claimed to be earning Rs 20,000 per month as a supervisor, but failed to provide salary slips or call his employer, who was also an injured party in the same accident, as a witness, as per PTI reports.
The MACT said the claimant`s functional disability is assessed to the extent of 20 per cent only.
While acknowledging the medical evidence of injuries and the disability certificates, the tribunal noted that the doctors who assessed the permanent partial disability were not the treating doctors and some fractures had already healed.
The MACT also said the claimant has not produced any cogent evidence on record about the nature of his work and monthly income.
“In the absence of income proof, his notional income is assessed as Rs 12,000,” it said, and calculated the compensation based on the man`s notional income and 20 per cent functional disability, reported news agency PTI
The total compensation of Rs 13.50 lakh includes Rs 5,18,400 for loss of future earnings, Rs 2,07,360 for future prospects, and significant amounts for medical treatment, medicines, pain and suffering, special diet and conveyance.
The tribunal directed both opponents to jointly and severally pay the compensation with an interest rate of 9 per cent per annum from the date of the petition until the amount is deposited.
From the total compensation, Rs 5 lakh is to be invested in a five-year fixed deposit in the man`s name in any nationalised bank, ensuring his long-term financial security.
The remaining amount will be disbursed to him via an account payee cheque, the tribunal ordered.
(With inputs from PTI)
