Thane MACT grants Rs 23.27 lakh compensation to man injured in highway accident

Thane, Nov 4 (PTI) The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation of Rs 23.27 lakh to a 47-year-old man severely injured in a collision on the Mumbai-Ahmedabad Highway in 2021.

MACT member R V Mohite directed the insurer, The New India Assurance Company Limited, to pay the compensation with 9 per cent annual interest at first instance, with the right to recover the entire amount from the owner of a container truck involved in the accident.

A copy of the order passed on November 1 was made available on Tuesday.

Gulhasan Iqbaluddin Khan, driver of a trailer, filed the claim against Golden Carrying Corporation and the insurance company.

The accident occurred on the night of May 6, 2021, at Manor village in Palghar district, when Khan rammed his trailer into a container truck that allegedly "took a turn in speed" and suddenly stopped without indication.

The tribunal found that the accident had occurred due to the negligence of both drivers, noting that the driver of the container truck had suddenly applied the brakes while taking a turn, thus violating traffic rules.

Citing the Rules of the Road Regulations, 1989, the tribunal observed that the claimant failed to maintain a "sufficient distance" from the vehicle in front to avoid a collision.

The claimant had suffered multiple fractures, with a doctor assessing his permanent partial disability at 58 per cent and occupational disability at 100 per cent.

The tribunal, however, assessed the claimant's functional disability to the extent of 40 per cent only, rejecting the 100 per cent occupational disability claim due to a lack of a termination letter from his employer.

The tribunal also found that the Golden Carrying Corporation had committed a breach of the insurance policy as its driver was not holding a valid and effective driving licence for a heavy transport goods vehicle on the date of the accident. PTI COR ARU