Thane tribunal awards Rs 58 lakh compensation to techie who lost leg in truck accident

Thane, Feb 26 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 58.3 lakh to a software engineer who had to undergo leg amputation after being hit by a speeding truck in 2019.

MACT member RV Mohite, in the order on February 23, directed the truck's insurer to pay the claimant initially and subsequently recover the amount from the vehicle owner, following a dispute over the genuineness of the insurance policy.

The claimant, Kiran Suresh Mali (35), a senior software developer with a company, was riding his motorcycle when a truck rammed into his two-wheeler from the rear side in Anand Nagar on Ghodbunder Road in Maharashtra's Thane city on March 30, 2019.

The impact resulted in a crush injury, leading to the amputation of his left leg and a 65 per cent permanent disability.

The truck owner did not appear before the tribunal, and the matter proceeded ex parte against him.

The insurance company contested the claim, alleging that the insurance policy produced was "fake and fabricated." The tribunal, however, noted that the Regional Transport Office (RTO) records showed the vehicle as insured with the firm.

"The insurance company may not be stricto sensu liable as no policy has been issued. The claimant is a third party to the policy. It is observed by the various high courts and the apex court that the insurance company is to satisfy the award in favour of the third party at the first instance and then to recover the awarded amount from the owner or driver of the vehicle," it said.

On the assessment of the victim's functional disability and its impact on his professional life as a motion graphic designer, the MACT said the same permanent disability may result in different percentages of loss of earning capacity in different persons, depending upon the nature of the profession, occupation or job, age, education and other factors.

The tribunal assessed Mali's functional disability at 25 per cent and fixed a notional monthly income of Rs 45,000, as the claimant had not produced IT returns or bank statements to prove his claimed salary of over Rs 84,000.

The compensation includes Rs 21.6 lakh for loss of income, Rs 8.64 lakh for future prospects, and Rs 18 lakh for a future artificial limb and its maintenance.

The tribunal directed that the compensation be paid along with the interest at 9 per cent per annum from the date of the petition (April 2019). PTI COR GK