The Motor Accident Claims Tribunal (MACT) has directed New India Assurance Company and the owner of a tanker to jointly compensate a Thane resident ₹16,42,159 for injuries sustained in a road accident in 2019. The accident left the victim with multiple fractures and severe injuries.
The tribunal awarded the complainant ₹2 lakh for pain and suffering and ₹1 lakh for miscellaneous expenses incurred during his recovery, apart from reimbursement of his medical expenses.
The victim, Lakshmikant Pal (36), was riding his motorcycle toward Turbhe Naka on November 21, 2019, when the accident occurred. At around 7:15 PM, as he was passing Well Met Company on Mahape-Indira Nagar Road, a tanker suddenly took a right turn without checking for oncoming traffic. The reckless maneuver caused a collision, throwing Pal off his motorcycle and resulting in fractures of the left side of his body along with other serious injuries.
He was immediately admitted to PKC Hospital in Vashi, where he underwent surgery and was treated from November 21 to November 31, 2019.
Following the accident, an FIR was registered against the tanker driver. Pal filed a claim against the owner and insurer of the vehicle, stating that the accident caused him permanent disability, thereby entitling him to compensation.
New India Assurance Company contested the claim, arguing that the tanker which hit Pal, was carrying hazardous chemicals (Aniline) and that the driver did not have a valid license to transport such substances. The insurer claimed that this constituted a fundamental breach of policy and sought to dismiss the petition.
However, the tribunal rejected the insurer’s argument, stating that there was no concrete evidence proving that the tanker was carrying hazardous chemicals at the time of the accident.
“Even if the vehicle was transporting such substances, no specific endorsement was required on the driver’s license for the insurer to deny liability. The insurer failed to establish a fundamental breach of contract that would exempt it from paying compensation,”the tribunal held.
The MACT ruled that both the vehicle owner and the insurance company were liable to pay compensation, as the insurer could not evade responsibility under the given circumstances.
