Thane: The Motor Accident Claims Tribunal (MACT), Thane, diminished the compensation demand of a 49-year-old road accident victim from ₹35.3 lakh to ₹1.23 lakh, granting 9% annual interest, determining that he experienced no functional impairment despite his injuries.
The incident took place on May 12, 2019, close to Bisleri Junction on the Western Express Highway when the victim, who lived in Kalyan, was a passenger on a motorcycle and was hit by a fast-moving Maruti Celerio car belonging to a private owner.
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The force ejected him from the bike, resulting in breaks and additional injuries. He was transferred for treatment to various hospitals and stayed under medical supervision for several days, the attorney representing the claimant informed the tribunal.
The local police then filed a case against the car driver for reckless and negligent driving at the local police station. The automobile was covered by an insurance company, rendering both the owner and the insurer collectively and individually responsible for compensating the victim.
Presiding Member R.V. Mohite dismissed the assertion of permanent disability and diminished earning potential. The tribunal observed that even though a disability certificate indicating 41% partial disability was submitted, it was not provided by the treating hospital and did not include adequate supporting medical documentation.
Mohite noted that the man went back to work and was actually making more money after the incident at a different private firm. The tribunal further acknowledged the hospital and medical expenses, granting ₹88,157 for treatment and medications, in addition to ₹25,000 for pain and suffering, ₹5,000 for a special diet, and ₹5,000 for transportation, amounting to ₹1,23,157. The sum should be paid into the MACT account within a month and withdrawn via the claimant's bank
