Tribunal awards Rs 29.39 lakh compensation to woman injured in road accident

Thane, Mar 30 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 29.39 lakh to a 50-year-old woman who suffered serious injuries in a road accident in 2018.
    MACT member S N Shah in her order on March 18 directed that the Thane-based bus owner and insurer to jointly and severally pay the compensation along with 8 per cent annual interest on the amount from the date of filing the petition till its actual realisation.
    The bus insurance company has been granted the right to recover the amount from the vehicle owner.
    A copy of the order was made available on Saturday.
    Hema Kantilal Vaghela, a resident of neighbouring Mumbai, was travelling in a bus, hired from a private travel company, along with her friends to celebrate the New Year's Eve on December 31, 2017.
    While returning from Nariman Point in Mumbai via Pedder Road, the bus driver lost control over the wheels in the early hours of January 1, 2018. As a result the vehicle crashed into the gate of a building there.
    Vaghela suffered grievous injuries and was rushed to the Jaslok Hospital, where she underwent prolonged treatment, the petitioner's lawyer, Baldev B Rajput, told the tribunal.


    Following the accident, a case was registered against the bus driver under Indian Penal Code sections 279 (rash driving), 337 (causing hurt by an act endangering life) and 338 (causing grievous hurt by act endangering life or personal safety of others).



    Vaghela filed a motor accident claim seeking a compensation of Rs 53.95 lakh.
    She stated that at the time of the accident, she was employed as a consultant with a company, earning Rs 85,088 per month.
    The case proceeded ex-parte against the bus owner. The bus insurer contested the claim, saying the driver did not possess a valid driving license at the time of the accident.
    The bus lacked a valid fitness certificate and route permit, violating the insurance policy terms. The injuries were trivial and did not cause permanent disability, the insurer said.
    The tribunal partially accepted the petitioner's claim, relying on medical records and expert testimony.
    A disability certificate issued on March 10, 2019, indicated 30 per cent permanent partial disability to the petitioner.
    The tribunal, however, reduced it to 20 per cent, noting that "Disability opined (by doctor) is in respect of a particular limb and joint only. As a result, disability to the whole body will definitely be lesser."


    The petitioner is entitled to compensation under various pecuniary heads as: Rs 21,07,661 for future loss of income, Rs 5,26,915 for income towards future prospects, Rs 2,14,670 for total medical expenses and Rs 30,000 towards special diet and conveyance.


    Under the non-pecuniary heads, the petitioner is entitled to Rs 30,000 for the pain and suffering and another Rs 30,000 for loss of amenities and enjoyment of life.



    It also directed the opponents to deposit Rs 29,39,246 (with 8 per cent annual interest) into the MACT Thane account within one month.
    The tribunal said Rs 4,39,246 will be transferred directly to Vaghela's bank account, while Rs 25 lakh will be kept in a fixed deposit in her name for five years.



    The insurer can recover the awarded amount from the bus owner company, it said.

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