Man awarded Rs 15 lakh in motor accident claim

Thane, Sept 8 (PTI) A man who was paralysed in a road accident in 2015 has been awarded Rs 15.10 lakh in compensation by the Motor Accident Claims Tribunal (MACT) in Thane, which held the owner and insurer of the container truck liable for the payment.

MACT member R V Mohite, in an order passed on September 2, noted that all injuries or permanent disabilities arising from injuries do not result in the loss of earning capacity, and assessed the functional disability of the victim at 15 per cent.

The order was made available on Monday.

Herambraj Udayanraje Bhosale, then 22 years old, had sustained severe injuries when a speeding truck hit a motorcycle he was riding pillion on September 17, 2015, in Dahisar. His friend, Shubham Shival, who was riding the bike, died on the spot.

The matter was decided ex-parte against the truck owner, who remained absent during proceedings.

Bhosale was working with a private firm in Pune and earning Rs. 12,325 per month. He was also undergoing a course in Interior Design at the time of the accident, the tribunal was told.

Bhosale suffered grievous and multiple injuries which left him in a "vegetative condition paralysed totally of the body." The tribunal noted that a police investigation had resulted in a charge sheet against the container truck's driver for rash and negligent driving, with no contributory negligence found on the part of the claimant. The court also observed that neither the vehicle owner nor the insurance company could prove a breach of the insurance policy.

"All injuries (or permanent disabilities arising from injuries) do not result in loss of earning capacity. The percentage of permanent disability with reference to the whole body of a person cannot be assumed to be the percentage of loss of earning capacity," the tribunal stated in the order.

"The same permanent disability may result in different percentages of loss of earning capacity in different persons, depending upon the nature of profession, occupation, or job, age, education, and other factors," it stated.

The MACT noted that while a doctor assessed Bhosale's permanent partial disability at 65 per cent, there was no reliable evidence to show his working capacity had been reduced to that extent. Based on this, the tribunal assessed his functional disability at 15 per cent. PTI COR NSK