Thane: The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 24,37,224 to a 56-year-old woman who met with an accident in 2017, after medical officers confirmed that she had suffered 60 percent permanent disability due to the incident.
The tribunal directed both the owner of the offending vehicle and the insurance company to jointly pay the amount with an interest rate of 7.5 percent from the date of filing the case.
While passing its order, the tribunal stated, “As far as negligence is concerned, from the material on record—especially the police papers—as well as the manner in which the accident took place, it is amply clear that the driver of the offending vehicle was negligent. Therefore, both the vehicle owner and the insurance firm are liable to compensate the petitioner.”
Sunita @ Samonidevi Neyaka Manjhi (56) had filed the petition before the tribunal seeking compensation for the disability she suffered in an accident involving a motor truck owned by Munna Yadav. The vehicle was insured by United India Insurance Co. Ltd.
According to Sunita, she was on a pilgrimage with other Sadhwis. She was assisting by pushing the wheelchair of one of the Sadhwis. On April 21, 2017, while they were traveling from Nashik to Mumbai, and as they approached the stretch between Arun Kumar Quarry and Anjur Petrol Pump on the Nashik-Mumbai highway around 5:30 a.m., the offending truck came from behind and rammed into them. She fell, and the truck’s front left wheel ran over her left leg, causing fractures.
She was initially taken to Lotus Hospital, Mankoli, and later shifted to Jupiter Hospital, Thane, due to a head injury. An offence was registered against the driver of the offending vehicle, and under these circumstances, she sought compensation.
The insurance company, however, had rejected the claim, stating that the driver of the offending vehicle did not possess a valid driving license and therefore, the insurer was not liable to pay compensation.
The tribunal noted, “Original salary receipts of Ratnabai Hansda, issued by Rushabdevji Maharaj Jain Dharm Temple and Dnyati Trust, Thane, show a salary of Rs 15,000. It is amply clear that the driver of the offending car was negligent and if that is so, both the driver and the insurance firm would be liable to compensate the petitioner. From the hospital records submitted, it appears that the petitioner incurred medical expenses of Rs 8,33,024, which she is entitled to recover. In addition, she is also entitled to Rs 10,000 for ambulance charges, Rs 25,000 for a special diet, Rs 1,00,000 for pain and suffering, Rs 3,00,000 for future medical expenses, Rs 1,00,000 for loss of amenities of life, and loss of income assessed at 10%.”
