Tribunal awards Rs 13.5 lakh compensation to man injured in road accident 7 yrs ago

Thane, Jul 7 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 13.5 lakh to a 29-year-old man who suffered serious injuries in a road accident in 2018.

The accident occurred solely due to the rash and negligent driving of the offending pickup vehicle, the MACT, presided over by member RV Mohite, said in the order passed on July 2, a copy of which was made available on Monday.

The victim, Pappu Balu Ghagas, was travelling from Murbad towards Padgha in a car in Maharashtra's Thane district on January 15, 2018, when the pickup vehicle veered onto the wrong side of the road at a high speed and collided with the rear door of his car.

As a result, the car fell into a nearby drain and the man suffered severe injuries, including multiple fractures and a traumatic brain injury with loss of consciousness, the claimant said.

He was hospitalised for 13 days and continued to receive outpatient treatment later.

The offending vehicle's owner remained ex-parte, while its insurer contested the claim.

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.

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 his nature of 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.

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 the 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. PTI COR GK